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Full text of "Report of the Florida Legislative Investigation Committee"

REPORT OF THE 



Florida Legislative 
Investigation Committee 



FEBRUARY, 1965 



R. 0. Mitchell, Chairman 



Leo C. Jo* 




George B. Stallings Jr. 
C. W. Young 



^■■■^■^H 



M| T |?nn,t! B f ABy 0F F LORIO* 



3 1246 00326441 5 



REPORT OF THE 



Florida Legislative 
Investigation Committee 



FEBRUARY, 1965 



R. O. Mitchell, Chairman 



Leon C. Jones 
William E. Owens 



George B. Stalllmgs Jr. 
C. W. Young 




April 20, 1965 

The Honorable, 

Speaker of the House of Representatives 

President of the Senate 

Members of the Florida Legislature 

In Session Assembled at the Capitol 

Tallahassee, Florida 

Gentlemen : 

Your Legislative Investigation Committee, in keeping with 
the mandate given it by the 1963 Legislature as set forth in 
Chapter 63-545, Laws of Florida, is pleased to present here- 
with a report of its activities, findings and legislative recom- 
mendations. 

We believe this report assumes added significance with the 
realization that it was accomplished despite an extended ill- 
ness of the chairman during a critical period of its investi- 
gations, and the untimely resignation of its full staff. 

We are submitting also a separate and special report relat- 
ing to events of early last summer and last spring at St. 
Augustine. This matter was within the scope of the Commit- 
tee's interest and is pertinent to this Legislature by virtue of 
the utilization for the first time of Sections .021 and .022 of 
Chapter 14, Florida Statutes, which will be discarded, re- 
newed or revised by action of this Session. 

The mandate given the Committee caused it to delve into 
areas fraught with controversy and of a nature distasteful to 
many. We believe the reports now submitted reveal that we 
have faithfully and efficiently fulfilled our responsibilities. It 
should be noted that in all investigative efforts the develop- 
ment of legislation, resulting in the significant proposals 
advanced herein, has been our consistent guideline. 

To the Committee's many cooperators, its consultants, and 
to the members of the Legislature who have been ever willing 
to judge its efforts on the factual record, we express our 
gratitude and appreciation. 

Sincerely, 




Chairman 



in 



Preface 



The Florida Legislative Investigation Committee was cre- 
ated by Chapter 64-545, Laws of Florida (Senate Bill No. 422, 
1963 Session), and charged by that statute with the responsi- 
bility to make "as thorough an investigation as time permits 
of all organizations whose principles or activities include a 
course of conduct on the part of any person or group which 
would constitute violence, or a violation of the laws of the 
state, or would be inimical to the well being and orderly pur- 
suit of their personal and business activities by the majority 
of the citizens of this state, as well as the extent of infiltra- 
tion into agencies supported by state funds by practicing 
homosexuals, and the effect thereof on said agencies and the 
public, and the policies of various state agencies in dealing 
therewith." 

This Committee was given possession of the files and equip- 
ment of a predecessor Committee, constituted by the 1961 
Legislature. Until its formal organization in August, 1963, 
the Committee was served on a limited basis by the staff 
of the predecessor Committee. 

A majority of the members of the Committee, to orient 
themselves to the responsibilities imposed on them by their 
assignment, traveled to Washington for conferences with of- 
ficials of the Federal Bureau of Investigation and of the Con- 
gressional committees comparable in scope and nature to the 
Investigation Committee. These conversations served to rein- 
force the members' conviction that a need exists in Florida 
for a broadly empowered investigative arm of the Legislature. 

A staff and counsel were then selected, and, as first order 
of business, detailed Rules of Procedure were drawn and 
adopted. This document provided clear guidelines for opera- 
tion of the Committee, and spelled out clearly the rights and 
responsibilities of all who might be called before the Com- 
mittee in the course of its inquiries. 

The Committee next established liaison, through coopera- 
tion and coordination, with appropriate agencies of the state 



REPORT OF FLORIDA LEGISLATIVE INVESTIGATION COMMITTEE 



and federal governments to assure that matters of an admin- 
istrative or law enforcement nature arising from its investi- 
gations might promptly be placed in proper hands. During 
this biennium, the Committee enjoyed close and productive 
relationships with other state agencies and with all branches 
of law enforcement. 

The value of these contacts cannot be overestimated. In- 
formation exchanged with active investigative agencies in 
every area of the state greatly expanded the ability of the 
Committee to fully probe subjects germane to its mandate, 
and saved it the necessity of maintaining a large and costly 
investigative staff. 

The files of predecessor committees were reviewed, re- 
vised and updated, with pending matters more appropriate to 
immediate action than legislative correction promptly re- 
ferred to local, state and federal agencies for consideration 
and action. 

A fiscal policy was followed providing for close control of 
Committee funds. All members received monthly balance 
sheets and explanatory notes on expenditures during the 
period of staff operation. Members were further kept advised 
of Committee staff activities during that period by weekly 
staff reports reviewing the activities of employees and sum- 
marizing related materials of interest. 

A comparison of the considerable productive activity re- 
viewed on the following pages with the financial statement 
included in the Appendix, serves to emphasize how funds ap- 
propriated to the Committee were carefully accounted for, 
and wisely utilized. 

The Committee expresses special appreciation to the Honor- 
able Leo L. Foster, attorney, who served the Committee as its 
Chief Counsel, without compensation. His work in the de- 
velopment of the rules of procedure under which the Com- 
mittee operated, and his assistance in drafting the legislation 
herein proposed, was particularly helpful. 



Table of Contents 



Sexual Behavior Act of 1965 1 

Strengthening Teacher Certification 

Revocation Procedures 8 

Civil Disobedience and Academic Freedom 10 

The U. S. Rangers — Christian Youth Corps 21 

Political Role of the Communist Party in 

the State of Florida 28 



APPENDIX 



Sexual Behavior Act 



31 



Academic Freedom Act 



Teacher Certification Amendment 
Communist Party Act 



-_ 38 
__ 44 



Interim Report of Committee (March, 1964) 

Fingerprint Act 

Report on The National States Rights Party „ 
Financial Summary of Committee Operations 



45 
48 
59 
65 

77 






VI 



vn 




Sexual Behavior Act of 1965 



The approach of the Committee in this biennium has been 
to determine the nature and extent of the various forms of 
sexual deviation of concern to the law, the problem these pose 
to the state, and the adequacy of existing laws to assure ade- 
quate attention to the problem and protection to the majority 
of the citizens of the state. 

As a result, the Committee will recommend to the 1965 
Legislature the Sexual Behavior Act drafted for the Commit- 
tee by a blue ribbon panel of Floridians both concerned and 
well versed in the relationship of sexual behavior to the well 
being of our state. This Act is included in the Appendix to 
this report. 

Although predecessors to this Committee had been charged 
with concern about homosexuality in Florida for a number of 
years, no serious legislative approach to the problem had been 
undertaken prior to this biennium. 

Rather, concern had been given to the identification and ap- 
prehension of sexual deviates within state government. It 
was our position that such activities were best left in the 
hands of duly constituted law enforcement agencies and 
those segments of the state government having power to re- 
voke licenses and certificates granted under authority of the 
state. 

In this connection it is worthy of note, as an example of 
the tactics used by opponents of the Committee, that when a 
call was issued for the Teacher Certification Division of the 
State Department of Education to undertake detailed investi- 
gation of investigative leads in the Committee's files relating 
to more than 100 present or former teachers, two major news- 
papers in the state published a story by the Capitol Corre- 
spondent of one which flatly asserted without any attribu- 
tion whatsoever, that "no such list exists" and that no such 
list of leads ever did exist. 



REPORT OF FLORIDA LEGISLATIVE INVESTIGATION COMMITTEE 



Through the excellent cooperation of Superintendent of Pub- 
lic Instruction, Tom Bailey, and his staff, these investigative 
leads were all reviewed by proper authority and proved to be 
of such value that, in a majority of the cases, still-active 
teaching certificates were revoked, without contest, by the 
State Board of Education. 

The initial findings of the Committee were published in 
March, 1964, in the report Homosexuality and Citizenship 
in Florida. This report was based on extensive research by the 
Committee's staff, numerous consultations with acknowledged 
experts in the field of sexual aberrations, and the findings re- 
flected in the files of the predecessor committees. It included 
a carefully developed bibliography that was termed by one 
authority in the field the most complete and representative 
he had seen in one publication. It included also a full listing 
of homosexual terminology illustrative of the scope and nature 
of the problem. 

The committee, recognizing the potential repugnance of 
such a report, adopted at a public meeting more than a month 
prior to its publication, a policy setting forth clear restric- 
tions on its distribution. Nevertheless, upon publication, it be- 
came a cause celebre in the press, with the result that numer- 
ous misconceptions about it have become widely accepted as 
fact through repeated repetition by those who maliciously 
manufactured them. Some of these are : 

(a) That the report was "banned" in Dade County or 
from the mails by postal officials. 

This is false. The report has never been banned anywhere 
by anyone. 

(b) That the report was being sold to young children, or 
anyone else seeking a copy. 

False. Distribution has at all times been in accord with 
Committee policy. 

(c) That distribution was halted as a result of the news- 
paper furor. 

False. Of the 750 copies printed by the Committee, 742 
have been distributed. The report has become an important 

2 



REPORT OF FLORIDA LEGISLATIVE INVESTIGATION COMMITTEE 



and valuable part of police training programs in at least 
eight major Florida cities, and is used by the Florida Law 
Enforcement Academy. The U. S. Civil Service Commission 
was so impressed with the factual basis and quality of the 
report that it secured copies for all personnel investigators 
in its employ in the southeastern region, and for its field 
offices across the nation. 

Had the report been mimeographed, it would likely have 
never received more than passing attention. As it was, it is 
significant to note that although great hue and cry centered 
on its purple cover and illustrations, no word of substantive 
criticism was directed at its contents and conclusions. The 
fact is that the report was widely praised by officials, educa- 
tors and researchers most conversant with the problem of 
sexual deviation as it relates to the current American social 
structure. 

The only openly voiced contradiction of the Committee's 
conclusions came from Detective John Sorensen of the vice 
squad of the Dade Metropolitan Sheriff's Office. The Com- 
mittee had said in its report that the "current and best 
estimate of active homosexuals in Florida is 60,000 individ- 
uals. Detective Sorensen, in a speech to the Coral Gables Ro- 
tary Club in August, 1964, called the rise of homosexuality 
in Dade County of "epidemic" proportions, and then, ac- 
cording to a newspaper account, "Sorensen said the number 
of practicing homosexuals may go even as high as 100,000 
in Dade alone." 

At about this time, an organization of national scope, The 
Anthenium Society, dedicated to the cause of deviation and 
to opposition of legislation restricting most forms of homo- 
sexual activity, was created in Dade County and chartered by 
the State of Florida as a non-profit corporation. This organi- 
zation is even now vigorously lobbying against the legislation 
developed for the Committee in this field. 

Another indicator of the rise of homosexuality in Florida 
is to be found in the several guides published in the United 
States to assist traveling deviates in making contact with 
others so afflicted in congenial surroundings. One of these, 
The Lavender Baedeker, published in San Francisco, lists more 



REPORT OP FLORIDA LEGISLATIVE INVESTIGATION COMMITTEE 

than 70 bars, restaurants and clubs in Florida it claims are 
meeting places for those who are 'different.' From Talla- 
hassee to Miami, there are few cities of any size without a 
listing. 

Homosexuality and Citizenship in Florida served as an ef- 
fective stimulus to the creation of state-wide citizen concern, 
and the subsequent transformation of that concern into con- 
structive action by public officials and professional workers 
whose skills may contribute to a better understanding and 
possible solution to the problems posed by homosexuality. 

To produce constructive action, the Committee recom- 
mended in its report the development of legislation and soon 
named a special advisory committee to prepare a bill. Ac- 
cepting membership on the committee were : 

J. Duane Barker, Assistant to the Supervisor of Personnel, 
Broward County Schools. 

Mrs. Charlotte Blee, President of the Florida Congress of 
Parents and Teachers. 

G. Holmes Braddock, Member, Dade County School Board. 

Leo Brooker, Chief of Police, Lakeland, and Past Presi- 
dent, Florida Society of Chiefs of Police. 

Dr. Julian A. Davis, Chief Psychologist, The Florida State 
Hospital, Chattahoochee. 

J. Crockett Farnell, Superintendent of Public Instruction, 
Hillsborough County. 

Dr. Alan Gessner, Director, Mental Health Center of Polk 
County. 

Dr. Jack A. Kapchan, Associate Professor of Psychology 
and Social Sciences, University of Miami. 

Dr. J. T. Kelley, Director, Teacher Certification Division, 
State Department of Education. 

Julian E. Laramore, County Judge, Jackson County. 

Mrs. Katie Pratt, Recording Secretary, Florida Federation 
of Womens Clubs. 

John Rudd, Municipal Judge, Tallahassee. 

4 






REPORT OP FLORIDA LEGISLATIVE INVESTIGATION COMMITTEE 

Dr. Walter R. Stokes, Psychiatrist, Member, Society for 
the Scientific Study of Sex, Author and Attorney. 

Berwin Williams, Director, Florida Law Enforcement 
Academy. 

Lamar Winegeart, Jr., Juvenile Judge, Duval County. 

The single new Chapter of the Florida Statutes drafted by 
this distinguished group will replace all or part of six exist- 
ing chapters and provide conciseness and clarity now lack- 
ing in the statutes, while at the same time giving full recog- 
nition to the problems and concerns of the State in this area. 

The development of the proposed act has been based on a 
consideration of broad scientific and humanitarian principles, 
their application to conditions current in Florida, and recog- 
nition that enforceable legislation in this area is essential to 
the proper maintenance of the peace and dignity of the 
state. 

Over the four months of work that went into its develop- 
ment, the Act was subject of more than 1530 man hours of 
committee participation in formal meetings, supplemented by 
the work of individual members who engaged in joint and 
individual consultation, correspondence and conversation with 
many other professional persons possessed of scientific back- 
grounds and informed knowledge in such areas as psychiatry, 
psychology, social work, the ministry, law enforcement, the 
judiciary and correctional and probational administrations. 
The advisory committee conducted a broad survey of the 
literature, and examined the experience of other states which, 
like Illinois, have enacted measures similar to those recom- 
mended in Britian's Wolfenden Report or formulated by 
the American Law Institute. 

These advisors brought to the task assigned them a broad 
range of differing views. They brought also a recognition 
that it is unlikely that any single set of laws can be de- 
vised which will be fully acceptable to all who have studied 
and been concerned with the problems posed for the indi- 
vidual or governing entity by those who engage in deviant 
sexual behavior. 



REPORT OF FLORIDA LEGISLATIVE INVESTIGATION COMMITTEE 

Therefore, the Act proposed represents concensus and com- 
promise reached by the advisors. It is not, however, entirely 
satisfactory to all, and it may be beneficial to the members 
of the Legislature to identify those areas in which conflicting 
points of view were not fully resolved. 

First, it became obvious that legislation relating to homo- 
sexuality could not be successfully separated from that ap- 
plicable to other forms of deviate behavior. In turn, it was 
obvious that Florida's sex laws lack both the clarity and co- 
hesion essential for full and effective administration. 

Therefore, the advisory committee agreed that the con- 
solidation of all measures forming the statutory sex code of 
the state into a single Sexual Behavior Act was desirable. 
It was further agreed that many of the existing laws were 
worthwhile and should be fitted into the new chapter as a 
matter of statutory revision, while others could well be sim- 
plified and/or strengthened in the process. The Statutory 
Revision Division of the Office of the Attorney General was 
a full partner in the development of the sequence and 
technical presentation of this Act. 

Deviate sexual behavior was defined only after extensive 
discussion. While there was general agreement on its precise 
definitions of homosexual conduct, major differences arose 
over its replacement of the traditional and deeply-rooted ref- 
erence to crimes against nature and on the inclusion of 
beastiality. As a result of the firm differences of opinion be- 
tween those who traced the term 'crimes against nature' from 
its Biblical origin to its current common usage, and the social 
scientists who felt the term is imprecise and out of step with 
modern concepts of sexual behavior, its compromise inclu- 
sion as a reference in the definition of deviate sexual be- 
havior was agreed upon. 

The illegality of the sexual relationship between persons 
and animals was discussed, with some sentiment that those 
who engage in such acts would be apprehended under other 
sections of the measure, or that their conduct would be so 
oriented as to make nearly certain identification, treatment, 
and/or incarceration for other causes. The view prevailed, 
however, that inclusion of this specific is an essential tool of 



6 



REPORT OF FLORIDA LEGISLATIVE INVESTIGATION COMMITTEE 



law enforcement, offering a positive measure of control over 
offenders who might otherwise escape official notice. 

A substantial difference of opinion occurred in the con- 
sideration of the section dealing with fornication. This dif- 
ference was part of a larger consideration involving those of 
the advisory group who felt strongly that sexual behavior 
between mutually consenting adults, either heterosexual or 
homosexual, performed privately and discreetly and not in- 
volving any implication of public indecency or solicitation, 
should not be made subject of any criminal statutes. 

The argument advanced by those holding this view em- 
phasized that in seeking the elimination of such activity 
from the law, they implied no connotation of condonement 
or commendation, but rather a recognition that laws which 
are relatively unenforceable, as they believe this to be, are 
dangerous in that they destroy the moral fiber of the popula- 
tion and create disrespect for law. 

The opposing, and majority, viewpoint was that to adopt 
such a course would be to weaken the law enforcement struc- 
ture of the State in a manner abusive to the peace and dig- 
nity, and would constitute a liberalization of sexual behavior 
laws at variance with current needs and possibly conducive 
to the encouragement of those who would violate sexual be- 
havior laws only if they felt they could do so successfully. 

These items were but a few of the many debated in depth 
as the Act was developed. Each of the new or revised sec- 
tions has been carefully evaluated for soundness, legal 
strength and contribution to a code which, while realistic 
and in step with current needs, is based on concern and 
compassion balanced against the peace, dignity and safety of 
society. 

The Act has received favorable comments from a major- 
ity of those who have reviewed it, and the endorsement of 
the Florida Sheriffs Association. 



Strengthening 

Teacher Certification 

Revocation Procedures 



Because of their constant contact with, and influence over 
the youth of the state, teachers have been a focal point of 
investigations and discussions of sexual deviation among 
state employees. 

It should be made abundantly clear that careful scrutiny 
by the Committee during this biennium has revealed : 

1. That the number of deviates among the teachers of 
Florida is proportionately low, and that in this regard 
Florida is substantially better off than many of her 
sister states with less rigid certification procedures 
which are now facing up to a serious problem of moral 
misconduct among teaching personnel. 

2. That the Teacher Certification Division of the State 
Department of Education, armed with new power 
granted it by the 1963 Legislature, has done, and is 
doing, a thorough and competent job of investigating 
reports of deviate behavior on the part of school per- 
sonnel. In this effort the Department has received 
strong support from The Florida Education Associa- 
tion. 

In its work with the Teacher Certification Division, the 
Committee's attention was called to one weakness in the 
present law which, with the concurrence of the Division, it 
proposes to close by amendment in the 1965 Session. 

There is at present no provision which would keep a per- 
son, substantially linked to acts of moral turpitude, from 
teaching, pending the completion of such investigative func- 
tions or legal procedures as may be necessary to confirm 
guilt or innocence. 



8 



REPORT OF FLORIDA LEGISLATIVE INVESTIGATION COMMITTEE 



As an example of the problem this creates, a teacher in one 
county was involved in an act of moral turpitude, which was 
admitted and which led to suspension in the county. While 
action on revocation of the teaching certification by the 
State Board of Education was delayed pending the comple- 
tion of court action relevant to the case, the individual in- 
volved moved to another county and secured a teaching po- 
sition in the school system there. 

To prevent situations such as this, an Act has been drafted 
and will be introduced amending Chapter 229, Florida Stat- 
utes, so as to give the State Superintendent of Public In- 
struction full authority to suspend without prejudice the 
certificate of any person accused of acts constituting grounds 
for revocation as set forth in the statutes, pending investi- 
gation by the State Department of Education or the dis- 
position of a case then pending before a court of competent 
jurisdiction. 



REPORT OF FLORIDA LEGISLATIVE INVESTIGATION COMMITTEE 



Civil Disobedience 
and Academic Freedom 



We will introduce for the consideration of the 1965 Legis- 
lature an act to insure for the faculties and students at 
Florida's institutions of higher learning unfettered consid- 
eration of ideas encompassing the full spectrum of thought 
and action. 

This act, which will be entitled The Florida Academic 
Freedom Law, will similarly seek to provide safeguards 
against those who would ignore the responsibility inherent 
in academic freedom and who would use that freedom as a ve- 
hicle for propagandistic efforts of any sort, or for the ad- 
vocacy for acts in violation of the laws of this state and na- 
tion. 

The Academic Freedom Act, which is set forth in the Ap- 
pendix, stems from investigations made by the Committee 
into the activities of certain groups and individuals on the 
campuses of our several state institutions — investigations that 
have established to our satisfaction that Florida is not to- 
day endangered by subversion on the campus, but that with- 
out such a measure as is proposed, and without continued 
vigilence by the institutions themselves, the Board of Re- 
gents, and the Legislature, the potential for such activity 
could readily be realized. 

During the biennium the Committee received many ex- 
pressions of concern from members of the Legislature and 
responsible citizens who were distressed by stories of alleged 
"communist" or "socialist" activities on the campuses of 
Florida's state universities. 

Because of this concern, and in keeping with our legislative 
mandate to make investigations where there is indicated a 
"course of conduct on the part of any person or group which 
would constitute violence or a violation of the laws of the 
state," the Committee, in concert with university officials, 

10 



made extensive inquiries into the background of some or- 
ganizations and individuals. 

It should be noted, and indeed stressed, that the Commit- 
tee's activities were carried out with the full knowledge and 
excellent cooperation of the Board of Control and Council of 
Presidents of the university system. Near constant contact 
was maintained with the staff of the Board of Control, and 
information was regularly exchanged with officials of the 
various institutions designated by their presidents to serve 
as liaison with the Committee. In all cases, information fur- 
nished by the Committee as a result of its investigations 
was promptly acted upon by the appropriate officials. 

In reviewing the following account of the Committee's ac- 
tivities related to the educational structure of the state, it 
may be interesting to recall that this extensive activity 
stemmed from a Committee which the press had charged was 
apt to ruin higher education in Florida by irresponsible ac- 
tion; headline hunting, and political vendettas. Let it be 
noted now that all investigations were conducted by compe- 
tent individuals in a responsible manner; that no word of 
detriment to the educational system was leaked or released 
to the press, and that the sole goal of the Committee, as 
reflected by its instructions to its staff, was to find the truth 
without regard to personalities or politics. 

Representatives of the Committee have received written 
commendations and congratulations from members of the 
staff of the Board of Control and officials of that Board and 
of the institutions with which we dealt for the manner in 
which our work was carried out. We know better than to 
expect, but believe we are due, an apology from certain of 
of the Committee's critics whose scattergun attacks have 
revealed neither an interest in what we tried to do, nor in 
what needs we might meet, but rather a desire to claim 
credit for our demise. 

Essential to the consideration of the Academic Freedom 
Act and the findings of the Committee, is an understand- 
ing of the role of the university in relation to certain of the 
concerns which have been expressed in regard to the conduct 
of student body and faculty members alike. 

11 






REPORT OF FLORIDA LEGISLATIVE INVESTIGATION COMMITTEE 



REPORT OF FLORIDA LEGISLATIVE INVESTIGATION COMMITTEE 



Traditionally, the university has been a place where dis- 
sent is voluble and change is spawned. It is normal that as 
young minds explore and absorb new concepts and ideas there 
are those mavericks who rebel and speak openly in opposi- 
tion to cherished concepts and time-honored tradition. Dis- 
cussion, dissention and rebellion are the whetstone upon 
which the fine edges of many educated minds have been 
honed. It has been ever thus, and for so long as the Ameri- 
can system of free inquiry is preserved, it will be ever so. 

The contrast between this condition as it has been through 
the years, and as it is today evidenced in such groups as the 
young Republicans and Democrats of the campus and other 
similar political and social groups, and the militant advocates 
of socialism, pacifism and the other "isms" of our times, is 
that the former discuss and debate their views in the aca- 
demic atmosphere of the campus as an adjunct to learning, 
while the latter substitute emotion for experience and ac- 
tion for education. 

The difference and the danger in these students and their 
organizations is that they give time no opportunity to mellow 
their views and experience no chance to enhance their under- 
standing. 

For a small, but highly active, cadre of students the cam- 
pus is less a center of learning than a command post from 
which to conduct attacks on the elements, ideals and ideas 
of society with which they think they disagree. 

At one institution in Florida, the Committee, with the 
knowledge of the Board of Control, placed non-students in 
membership in an organization whose members cited social- 
ism as their goal; claimed full support of a number of pro- 
fessors; subscribed to several Communist publications, in- 
cluding the Worker, and met regularly in an on-campus class- 
room which they prepared for their meetings by draping a 
large red banner across the front of the room, and placed 
before it a sizeable portrait of Karl Marx. Each meeting was 
opened with a reading from the works of Marx, and par- 
ticipants addressed each other as "Comrade." 

Although this organization claimed to have only six mem- 
bers, its meetings were regularly attended by twenty to forty 

12 






students who joined in the advocacy, planning and execution 
of a number of acts of civil disobedience and violation of 
university regulations. 

At another institution at about the same time, a similar 
group distributed a membership form in which it solicited 
prospective members to sign a commitment to engage in 
"academic sabotage" of the ROTC program. 

The Committee found that student organizations were op- 
erating with membership open to anyone who would attend 
meetings, whether a student or not. The Committee enrolled 
several non-students in these organizations, where they be- 
came full-fledged members with their status on the campus 
never questioned despite their statements that they were not 
enrolled. 

At least one student organization was operating under a 
charter approved by the university which empowered it to 
do such things as charter subsidiary organizations in other 
areas of the state which would have no students in member- 
ship or be in any way subject to university control. The 
president of this organization openly bragged to a Committee 
investigator that his group did not need money to produce a 
pacifist-socialist newspaper because it would be done for 
them on university equipment and with university supplies. 

At one university, off -campus and non-accredited organiza- 
tions were given free run of the campus for the promotion 
of programs encouraging acts of civil disobedience. Another 
off-campus organization received accredited status because of 
its affiliation with a religious body. The organization, how- 
ever, made a clear and public distinction between its "social 
action" status and its religious affiliation. Membership in the 
"social action" group was in no way dependent on religious 
affiliation or membership in the alleged parent religious body, 
and no control was exercised over the "social action" organi- 
zation by the religious institution whose facilities it utilized. 

Policies at the several institutions relating to speakers and 
organizations differ widely in their interpretation and im- 
plementation of the basic Board of Control Academic Free- 
dom Policy, emphasizing the need for the new law proposed 

13 



REPORT OF FLORIDA LEGISLATIVE INVESTIGATION COMMITTEE 

in this report. For example, under present policies, Norman 
Thomas, the oftime Socialist Party presidential candidate, 
has been excluded as a speaker at the University of Florida, 
but has twice spoken on the Florida State University cam- 
pus. At the University of . South Florida, a professional 
football quarterback was denied the opportunity to speak 
because, according to newspaper reports (the University 
never replied to the Committee's request for more detailed 
information), he might incite the student body to favor 
intercollegiate football, while poet Archibald MacLeish was 
given a major promotional effort by the institution which 
ignored his involvement with thirty-eight Communist fronts 
and activities over a long period of years. 

In 1963 and 1964, John Thomas Riggins, a senior from 
Lake Worth, received considerable attention on the campus 
of The Florida State University. Riggins was leader of the 
campus Young Peoples Socialist League (YPSL), an un- 
recognized campus chapter of the Congress on Racial Equality, 
active in a pacifist group called Students Act for Peace, and 
founder of a "Cultural Committee" which petitioned a tour- 
ing orchestra to skip FSU because of "repressive" tactics 
of its administration. 

In the wake of his issuance of a YPSL leaflet at student 
registration calling for willful violation of laws through acts 
of civil disobedience, Riggins was extensively interviewed 
and his comments carried by several Florida newspapers. 

To review Riggins' violations of regulations and the Uni- 
versity's responses, is to flay a dead horse, for he has left the 
institution. His views, however, as recorded in a series of in- 
formal and candid conversations, are more revealing of the 
potential of his organization than were those bland responses 
he gave representatives of the press when he was in the spot- 
light of controversy. 

Some of Riggins' more revealing comments include : 

(On YPSL) "It's a democratic socialist youth organization 
dedicated to building a society as a service of human needs. 
It believes that a great step for the realization of the po- 
tential of mankind can be made through the social owner- 

14 






REPORT OF FLORIDA LEGISLATIVE INVESTIGATION COMMITTEE 

ship with democratic control of the means of production 
and distribution." 

(On Communism) "I don't see why socialism should lead 
to communism. I think what you mean is totalitarianism, 
because there is nothing intrinsicly wrong with commu- 
nism; the only thing we object to in it is its totalitarianism 
aspects, and if communism would liberalize into democracy 
in the Soviet Union or the communist countries, I think 
no one would have any objection to communism." 

(On Support of the FSU Faculty) "I think that some of 
the professors I have talked to are left of the Party. They 
don't join the Socialist Party because it is too conservative. 
And others don't join it for the same reasons students 
don't — because, well, they are not fully aware of it, al- 
though they would like to have some form of socialist gov- 
ernment, they haven't quite figured out exactly where to 
start or how to do it, and they haven't really taken the 
time to investigate the Party, because of their academic 
load and things like this. And then other professors are 
in direct sympathy with the Party — they would like to 
join the Party, and they would be members of the Party — 
ah — they, on the basis of not publicizing this — ah — out of 
fear of the Board of Control, and their thinking domi- 
nates the University." 

The record should reflect that the Committee did not find 
evidence of socialist tendencies on the part of FSU faculty 
members on the scale suggested by Riggins' remarks. Some 
indication of faculty support of YPSL was discovered and 
turned over to the Board of Control and University, which 
acted promptly in the matter, but widespread faculty sym- 
pathy to socialism was not found. 

(On an Interlock with other Student Organizations) "We 
had originally discussed having a socialist newspaper. I 
think it was the Students Act for Peace who suggested 
they have a student act for peace newspaper, they were 
the original ones that started to do it through YPSL, and 
then they went ahead and did it through the Students 
Act for Peace instead, supposing they would get a wider 
audience if it was published for a peace cause." 

15 



REPORT OF FLORIDA LEGISLATIVE INVESTIGATION COMMITTEE 

(On Economic Policy) "I can think of the major means of 
production and distribution; of railroads, communications 
and things like that; steel, oil certainly would either be 
owned outright or controlled, that is for planning pur- 
poses, by the federal government." 

(On YPSL Activities) "We don't usually demonstrate pub- 
licly in Tallahassee, unless it's in unison with the Socialist 
International ... I suppose we just muck rake in gen- 
eral, some would say." 

Another student, who is still enrolled at a state institution, 
has solicited members for an off-campus organization by 
means of a letter in which he says that the group's dem- 
onstrations "will ordinarily be open to civil disobedience by 
qualified participants." 

In addition to the need for the Academic Freedom Law, 
the findings of the Committee show a need for increased in- 
ternal security measures at the institutions of the university 
system, and for better personnel screening procedures prior 
to the employment of personnel at all levels. 

In each instance where incidents such as those noted here 
have been brought to the attention of the university or the 
Board of Control, prompt and efficient action has been taken 
to correct existing situations and to prevent recurrences. 
The institutions and Board, however, should not need to 
learn about the activities of its employees or charges from 
legislative committees or newsmen, and potentially undesir- 
able individuals should be screened out by effective personnel 
background checks before employment. 

Two examples serve well to support this position : 

In the first, a professor was hired from another southern 
institution to join the faculty of one of Florida's state in- 
stitutions. When his activities in Florida of a radical political 
nature came to the attention of the Committee, a background 
investigation revealed that shortly before he secured the Flor- 
ida position he had been instrumental in bringing to his for- 
mer campus for a speaking engagement the noted Com- 
munist fronter Carl Braden. Of this professor, Braden later 
wrote an associate: "He will be most helpful to us in Flor- 
ida." 



16 



REPORT OF FLORIDA LEGISLATIVE INVESTIGATION COMMITTEE 

Quite aside from his political activities, this professor with 
some regularity convened an undergraduate class in his class- 
room, and then led them in a cavalcade of cars to a down- 
town tap room where, for the duration of the class period, 
the entire group guzzled beer and ate pretzels while consider- 
ing the subject matter of the course. 

Although these antics were widely discussed on campus, 
the institution was unaware of them until advised by the 
Committee. 

Once in possession of the facts, the university quietly 
terminated the contract of this individual, but, as a result of 
an almost total lack of communication on undesirables be- 
tween the institutions of the system and through the Board 
of Control, it was possible for him to secure a teaching posi- 
tion at another state institution where he is currently em- 
ployed and under the most careful scrutiny, of which he is 
currently employed and under the most careful scrutiny, of 
which he is aware, and which may assure his role as a pro- 
ductive contributor to education in Florida. 



The second example involves the appearance on the campus 
of The Florida State University of A. J. Muste, an ancient 
and ardent advocate of civil disobedience — the willful viola- 
tion of laws with which the individual does not agree. Muste, 
now 80, is a one-time labor organizer, former Trotskyite, and 
current member of nearly every pacifistic and "peace" or- 
ganization going. He has been a member of many fronts and 
actions of the Communist Party. 

In 1957 Muste headed a committee of "impartial observers" 
at the 16th National Convention of the Communist Party 
USA, and at its conclusion issued a report poo-pooing any 
Communist threat to the Union. Of this convention, report, 
and Muste, FBI Director J. Edgar Hoover said: "The Com- 
munists boasted of having 'impartial observers' cover the 
convention. However, most of these so-called impartial ob- 
servers were handpicked before the convention started and 
were reportedly headed by A. J. Muste, who has long fronted 
for the Communists, and who recently circulated an amnesty 
petition calling for the release of the Communist leaders con- 

17 



REPORT OF FLORIDA LEGISLATIVE INVESTIGATION COMMITTEE 

victed under the Smith Act. Muste's report on the convention 
was biased, as could be expected. 

Muste came to Florida in the role of advance man for a 
group of "Peace Marchers" affiliated with the Committee for 
Non-Violent Action, a pacifist outfit which has sponsored 
numerous anti-bomb demonstrations, a march across the U. S. 
and Russia, and the current effort, a Quebec to Guantanamo 
hike by approximately two dozen young and self-proclaimed 
"peaceful revolutionaries." 

Enroute down the East Coast of the United States, the 
demonstrations and acts of civil disobedience committed by 
this group had caused them to be jailed with sufficient fre- 
quency to put their march timetable nearly a year in arrears. 
Because of their ability to cause discord, the Investigation 
Committee interested itself in them, and was instrumental 
in eliminating much of their effectiveness in securing pub- 
licity by being jailed. A detailed report on the individuals 
participating, background of the sponsoring organization, and 
on the tactics used by the group was prepared by the Com- 
mittee and furnished, along with photographs of the march 
and marchers, to all law enforcement agencies along the 
route of march, and to all members of the Florida Intelli- 
gence Unit. 

When a student group sought permission to have Muste 
speak at a public meeting on the campus of The Florida 
State University, the administration of Dr. Gordon Black- 
well refused because of Mr. Muste's open advocacy of break- 
ing state and federal laws. 

Several days after this decision was announced, the staff 
director of the Committee was in discussion with Mr. Muste 
about planned activities of the Peace Marchers elsewhere in 
Florida when the subject of the FSU action came up. 

Muste said he was bemused by the University's policy, and 
explained that it seemed to him inconsistent in that it barred 
him from holding a public meeting on campus, yet per- 
mitted him to address a class in formal session. This, though, 
was fine with him, Muste said, "because the opportunities for 
indoctrination are, of course, far greater in the classroom 
situation than we could hope to achieve in a public meeting." 

18 









REPORT OF FLORIDA LEGISLATIVE INVESTIGATION COMMITTEE 

Immediately upon Muste's departure, the Committee's di- 
rector called Dr. Juanita Gibson, FSU's designated liaison 
officer with the Committee, and recounted to her Muste's 
statement. Dr. Gibson said it was the first she had heard of 
such an appearance but would promptly check it out. Some 
three and a half hours later she called back to express doubt 
that Muste would speak to any class. 

Just over six hours after the Committee had advised of the 
planned Muste appearance, Dr. Gibson called again to advise 
that Muste "apparently" had spoken to a class on campus, 
and that his appearance could not be construed as in conflict 
with the position or policy of the University. 

A later conversation with Mr. Muste revealed that he had, 
in fact, spoken to two classes, and the University advised it 
had not heard of the second class appearance until advised 
of it by the Committee. Muste's appearance was permissable 
under a policy of the University's Public Forum Committee 
providing that "responsibility for the presentations by out- 
side speakers or lecturers in classes, seminars, or departmental 
meetings shall rest with the individuals who extend the in- 
vitation." There was no definition available of the meaning 
of "responsibility" as used in the policy statement. Muste 
lectured as guest of a graduate student who was conducting 
the classes without supervision of any member of the faculty 
according to the University. A directive to student assistants, 
requiring prior clearance of speakers by department heads, 
was issued following this incident. 

In fairness to the institutions, of which all Floridians have 
ample reason to be proud, it should be pointed out that these 
examples are representative of a relatively small number of 
instances, and reflect neither the thinking nor the actions of 
the vast majority of students or faculty members. 

The Board of Control (now Regents) and Council of Presi- 
dents have initiated a series of seminar programs to upgrade 
the proficiency and status of campus security personnel. Sal- 
aries, too, need to be upgraded so as to attract competent 
personnel to perform the delicate but vital inquiries essential 
to good security practices. On campus at each institution 
there should be initiated educational programs to alter the 
present on-campus image of security officers as "traffic cops." 

19 



REPORT OF FLORIDA LEGISLATIVE INVESTIGATION COMMITTEE 

The importance of personnel screening and internal secu- 
rity has, in the past, been taken too lightly by the Board of 
Control and the university administrators. In an understand- 
able anxiety to preserve the full measure of academic freedom, 
they have been loath to look into either the motives or the 
methods of personnel or students under their control. 

Regulation by legislation is no answer to this problem. 
Rather there must be re-emphasis by educators and adminis- 
trators of the role of the campus as a place for study and 
stimulation where students intent on securing an education 
can properly equip themselves to face up to the challenges 
and oportunities that will confront them when they leave 
the campus. Constructive steps toward such re-emphasis 
have been noted by the Committee during this biennium, and 
there is reason to believe that under the Board of Regents 
such further steps will be achieved as a study of the role of 
individuals and organizations not part of the university struc- 
ture, yet active on the campus, and that such a study will 
lead to the adoption of uniform system-wide regulations as 
called for in the Academic Freedom Law. 

A number of educators and editorialists have attacked 
"legislative intrusion" into the operation of the jniversity 
system. The work of the Committee in this biennium has 
shown that, though the situation is improving, there are 
grounds for legitimate legislative inquiry, and has demon- 
strated that such inquiries can and have been conducted in 
cooperation with the educational system in a constructive 
manner. 



20 



The U. S. Rangers- 
Christian Youth Corps 

Much national publicity has centered on groups of armed 
citizens in training to repel from their homeland what they 
believe to be an imminent Communist invasion. 

Speculation in connection with these groups has centered 
less on their patriotism than on their sanity, and serious 
question has been raised as to whether or not they pose a 
threat to the security of the nation and safety of its citizens. 

The actions of some such groups in other areas of the 
country has given rise to serious consideration in the Con- 
gress and in state legislatures of legislation relating to the 
sale and control of firearms and ammunition. 

In keeping with its mandate to investigate organizations 
"whose principles or activities include a course of conduct on 
the part of any person or group which would constitute vio- 
lence," the Committee concerned itself with such groups in 
Florida as were rumored to be forming armed forces. 

The Committee's investigations, and information obtained 
through cooperation with the Florida Intelligence Unit and 
other law enforcement agencies, indicates no significant activ- 
ities of this nature have been prevalent in Florida during 
this biennium. 

Considerable attention on the part of investigative agen- 
cies and the press has, however, been directed to the activ- 
ities of Oren Fenton Potito of St. Petersburg, whose penchant 
for publicity and grandiose claims of a military force are 
linked closely with his vehement anti-semitism. 

At the beginning of the biennium, Potito was touting his 
military force as "The U. S. Rangers," a unit he claimed had 
many members and joined with other similar squads for 
training activities both in the Everglades and at an encamp- 
ment in northern Florida where, he said, massive supplies of 

21 



REPORT OF FLORIDA LEGISLATIVE INVESTIGATION COMMITTEE 

munitions lay buried. By early 1965, the U. S. Rangers had 
been replaced by Potito with the "Christian Youth Corps," 
which utilizes the same symbol of a black cross in a white 
circle on a red field that was the emblem of the Rangers. 

According to a printed promotional piece mailed out by 
Potito, the Christian Youth Corps consists of "Brothers-in- 
Arms with the U. S. Rangers, the California Rangers, The 
Minute Men, the Texas Rangers, the Green Mountain Boys of 
New England, and many other smaller localized organizations 
all of which comprise a vast National Christian Army of over 
10,000,000 Patriotic Men who stand ready to defend this Na- 
tion against the Red Hordes that will soon attack the United 
States." The handout further proclaims "we shall fight from 
the fields, from the plains, from the swamps and from the 
mountains; and although overwhelmingly outnumbered in 
men and equipment we shall still be victorious for we have 
almighty God on our side and at the precise moment His 
Heavenly Armies will intervene and give us victory through 
the triumphant return of His blessed Son." 

In soliciting young men to membership in the Christian 
Youth Corps, Potito cites 12 pieces of equipment as basic to 
guerrilla warfare operations. These are : 

1 . Any Standard Rifle of at least 30 cal. 

2. One Good Quality Hunting Knife, 6" blade. 

3. At least 1000 rounds ammunition. 

4. Regulation Canteen-holder, webbed belt. 

5. Any Suitable type Back-Pack on which can be mounted 
a good quality sleeping bag— A good quality 2-man 
tent. 

6. Three pair camouflage fatigues of heavy duck cloth. 

7. At least one pair of insulated paratroop type boots. 

8. Seven day supply of concentrated food packs. 

9. At least 500 water purification tablets. 
10. Snake bite— First Aid Kit. 

22 









REPORT OF FLORIDA LEGISLATIVE INVESTIGATION COMMITTEE 

11. One mosquito bar. 

12. One camouflaged waterproof poncho. 

To determine Potito's success at recruiting a private army, 
and the validity of other of his claims, the Committee, in 
cooperation with Pinellas County Sheriff Don Genung and 
other law enforcement agencies, undertook a detailed investi- 
gation of Potito and his organizations. Although the investi- 
gation produced a fascinating insight into the activities of a 
professional peddler of hate, no evidence was uncovered which 
would support charges of violations of existing Florida stat- 
utes, and the Committee is reluctant to propose statutes which 
while effective in curbing distasteful enterprises such as those 
of Potito, might also infringe on the proper freedoms of 
others. 

The extensive information developed on Potito and cer- 
tain of his associates was made available by the Committee 
to appropriate state and federal law enforcement agencies 
and, because of its pertinence to possible future actions, can- 
not be reported in detail here. 

Oren Fenton Potito is single and lives with his parents in 
an unpretentious section of St. Petersburg. He has resided 
there at least since 1955. He operated for some time an air 
conditioning and appliance repair business which was the 
subject of complaints by some customers who charged fraud 
and deceit. 

On March 21, 1961, Potito received a Ministerial Certifi- 
cate proclaiming him a minister of the Church of Jesus Christ 
Christian. This certificate was issued and signed by Dr. 
Wesley A. Swift of California, one of the best known "hate 
preachers" in the nation, whose activities have been the sub- 
ject of investigation and critical comment by a Committee of 
the California Legislature. Many of Wesley Swift's followers 
have been chartered by him as ministers, including Conrad 
Lynch, whose Florida activities were detailed in the Com- 
mittee's report on the National States Rights Party. 

In his first days as a minister, Potito was involved with 
two little known religious organizations in St. Petersburg. In 
connection with one of these he was the subject of a com- 

23 



REPORT OF FLORIDA LEGISLATIVE INVESTIGATION COMMITTEE 

plaint filed with local authorities by a military officer who 
alleged that while he was stationed in Korea, Potito and a 
colleague exercised improper influence over his wife, creating 
a state of mental deterioration. There is no record of prose- 
cution or other legal action in connection with this com- 
plaint. 

In the late summer of 1961, Potito opened a Church of 
Jesus Christ Christian in St. Petersburg, and Dr. Wesley 
Swift was identified as lecturing at this church shortly there- 
after. 

Also in the summer of 1961 Potito was the featured speaker 
at several Ku Klux Klan meetings in Pinellas County. From 
these he soon moved to the role of presiding officer at meet- 
ings of the National States Rights Party held in the Tampa 
Bay area, The Thunderbolt, newspaper of the National 
States Rights Party, in August, 1962, identified Potito as 
"National Organizer" for the NSRP and pictured his at- 
tendance at the organization's national convention held at 
Montgomery, Alabama. 

In October, 1962, Potito apparently broke with the NSRP 
and began to build his own organization and publish his own 
newspaper, called the National Christian News. The policy of 
the paper was spelled out in a statement in the first issue 
which included this pledge : 

"We will prove that International Jewry and Communism 
are one, using negroes as their pawns and fronts, to ac- 
complish total enslavement of the white Christian race." 
Evidence that this goal has remained constant is found 
in the January, 1965, issue of National Christian News in 
which Potito, in a bylined article, offers this solution for 
"cleaning up America" : 

"1. Repeal the Federal Reserve Act and take the control 

of the money away from the Jews and put it back in 

the hands of the American people. 
"2. Remove all the Jews that are now in public office. 
"3. Allow only dedicated white Christians to hold public 

office or positions of any importance in the United 

States." 

24 



REPORT OF FLORIDA LEGISLATIVE INVESTIGATION COMMITTEE 



The "U. S. Rangers" made their debut shortly after the 
newspaper appeared, and Potito's claims of expanding mem- 
bership were frequently heard in the St. Petersburg area, 
along with a claim that the newspaper's subscribers num- 
bered in the high thousands. 

Basic facts on these and other claims, as developed during 
the Committee's investigation, are these : 

That distribution of the National Christian News is rela- 
tively limited, though the mailing list indicates distribu- 
tion to a number of states. Production of the paper is han- 
dled by a job which which produces a shopping guide. 

That Potito's high command consists mainly of two men, 
one, a former NSRP official who spends nearly full time 
preparing the various publications of Potito's National 
Christian Publishers and handling additions and deletions 
to addressograph plates, and the other, a former Air 
Force Lieutenant named Phillip D. LeBus, a one-time 
landscape gardener, now performs such chores for Potito 
as keeping his expensive automobiles polished and selling 
door-to-door kerosene miniature hurricane lanterns and 
five-cell flashlights. LeBus joints Potito in listening to tape 
recordings of talks by Wesley Swift, and enjoys at his 
home a large collection of marching music of the German 
Army of Hitler's time to which he has taught his young 
daughter to goose-step. 

That the major maneuvers conducted by Potito and LeBus, 
with the occasional assistance of a new recruit — one of 
many who have drifted in and out of their activities — 
consists of dressing up in Army surplus uniforms with the 
symbol of the Rangers and/or Christian Youth Corps on 
cap and shoulder, and heading to one of several St. Peters- 
burg churches where they place copies of the National 
Christian News or other hate-type literature under wind- 
shields or inside churchgoers autos. On a number of oc- 
casions ministers have complained to the St. Petersburg 
police about these acts. 

That when Potito has told associates he was going off 
to meet other Ranger leaders at a training area in north 

25 



REPORT OF FLORIDA LEGISLATIVE INVESTIGATION COMMITTEE 

Florida, he instead went to a small lot in the Ocala Na- 
tional Forest on which he planned a summer cottage. 

That on other occasions when Potito has left his followers 
to "go to the Everglades" on Ranger business he has actu- 
ally never left St. Petersburg, merely using the story as a 
cover for visits with a friend whose connection with the 
all-male Rangers seems most unlikely. 

Secrecy is the watchword of the Potito operation. New re- 
cruits are sworn to secrecy and, before being made mem- 
bers of the military units, must take an oath on the Bible 
and sign a form impressive in length and legal verbage at- 
testing to their pledge of silence in the face of any provo- 
cation. 

Potito has not made a great deal of identifiable money from 
his hate activities. Some support is apparently derived from 
a number of well-do-do associates, including at least one po- 
litically prominent young professional man. His activities 
appear to be within the law, although distasteful to the vast 
majority of those with whom he comes in contact. His church 
of Jesus Christ Christian, which had met in rented halls, has 
not functioned since mid-1963 and there is no evidence that 
he is engaged in any formal religious activity in his com- 
munity at this time. He has, in all but articles for the 
National Christian News, dropped his use of the title "Rever- 
end" and uses "Colonel" in its place. 

Typical of the deceit practiced by Potito was the glowing 
statements he frequently made to new recruits about a for- 
mer officer of the Rangers. Potito, supported by LeBus, told 
in some detail how this individual had left the Rangers on a 
special assignment to Germany where he was preparing him- 
self for greater leadership and engaging in guerrilla warfare 
against "Communist Jews." They told in some detail of his 
exploits on "Ranger Manuevers" in Florida and of his par- 
ticipation in burying large quantities of ammunition in their 
assembly or staging area. 

Investigation showed that the former Ranger to whom 
they referred was at that time attending a university in 
this country; had never been to Germany or other overseas 



26 



REPORT OF FLORIDA LEGISLATIVE INVESTIGATION COMMITTEE 

point. When questioned he readily admitted his connection 
with Potito, whom he described as a "phony" and said he 
had never been on maneuvers and believed stories about the 
Ranger strength and activities to be false. He said his only 
experience in burying supplies of any sort was to accompany 
LeBus one day to an island off the Pinellas County coast 
where they buried a five gallon can of gasoline. 

To his trusted followers, Potito makes available a hand- 
book on guerrilla warfare which includes 64 illustrations of 
do-it-yourself destruction activities, including instructions on 
how to booby-trap a door handle and methods of murder 
in which the victim has no opportunity to utter a sound. In 
the hands of improperly trained, equipped or oriented indi- 
viduals this guide could lead to serious violence. 

The Committee has given serious consideration to such 
legislative measures as the regulation of the sale and/or dis- 
tribution of manuals on the manufacture, design or use of 
homemade explosive devices, or a requirement for registra- 
tion with the Florida Sheriffs Bureau and the National 
Guard of military or quasi-military units operative in the 
state. 

Such measures, however carefully drawn, could easily be 
circumvented and would tend only to drive such organiza- 
tions as they would seek to control further underground. 

In the case of Potito, it is sufficient to say that all com- 
petent investigators who have studied his operation have 
concluded that his military units are a sham and his claims a 
fraud on those from whom he solicits and receives funds. 
Careful observation and continuing investigation, coupled 
with the extensive information derived from the Commit- 
tee's inquiries, will assure that the activities of Potito and 
his colleagues will not successfully cross the line of legality. 
In the meantime, he should be regarded by all good citizens 
as one of the prices we all must pay for the freedoms of 
speech and action we enjoy and seek to preserve. 



27 



Political Role 

of the Communist Party 

in the State of Florida 



Prior to the 1964 primary elections, Arnold Johnson, pub- 
lic relations director of the Communist Party, U. S. A., wrote 
to Secretary of State Tom Adams and then Attorney General 
Richard W. Ervin, seeking information on placing Commu- 
nists on the ballot in Florida. 

The approach of the Communist Party is that it is a 
"minority political party" and entitled to be treated as such. 
Under this guise the Communists have succeeded in placing 
candidates on the ballot in several states, including one Cali- 
fornia election in which their candidate, who was well identi- 
fied as a Communist, polled 17 per cent of the votes. 

Although the existing requirements for a candidate's oath 
would preclude a member of the Communist Party from hold- 
ing or seeking office in Florida, no clear statutory ban on 
recognition of the Communist Party as a minority political 
party presently exists. This leaves the door open for the 
Communist Party to adopt the tactics which have been used 
by the National States Rights Party of sponsoring for office 
an individual who is neither a member nor directly connected 
with their organization. 

A further possibility centers on the apparent legal ability 
of the Communist Party to offer a slate of electors for the 
support of a presidential candidate, Communist or not. As 
presidential electors are not subject to the candidate's oath, 
and there is no specific prohibition against the Communist 
Party, U. S. A. acting as a political party in Florida, it 
would seem likely that should they seek, they might succeed 
in getting electors on the ballot. 

To close this loophole in the law, the Committee has pre- 
pared a measure amending the Florida Statutes to clearly 
prohibit the Communist Party or its identified fronts from 
functioning as political parties in this state. 

28 



Appendix 






REPORT OF FLORIDA LEGISLATE INVESTIGATION COMMITTEE 






A BILL 

TO BE ENTITLED 

AN ACT relating to sexual behavior ; defining certain terms ; 
prescribing certain crimes relating to and emanating from 
such behavior; prescribing the penalties for such crimes; 
providing for psychiatric and psychological examination 
of individuals convicted of deviate sexual conduct; repeal- 
ing all laws and parts of laws in conflict, in particular 
but not limited to, chapters 794, 796, 798, 800; sections 
795.02 and 795.03, Florida Statutes; providing an effective 
date. 

Be it Enacted by the Legislature of the State of Florida: 

Section 1. Chapter 802, Florida Statutes, is created to 
read : 

802.01 Short title. — This chapter shall be known as the 
Florida sexual behavior act. 

802.02 Definitions. — For the purposes of this act : 

(1) Child shall mean child as defined by chapter 39, 
Florida Statutes. 

(2) Sexual deviation and deviate sexual conduct (crimes 
against nature) shall include, but not be limited to, acts 
of sexual gratification, or tending to provide sexual gratifica- 
tion, between persons of the same sex, or between persons and 
animals; acts of sexual gratification, or tending to provide 
sexual gratification, involving the sex organs of one person 
and the mouth or anus of another of the same sex. Nothing 
in this chapter shall apply to sexual behavior between a male 
and female legally married one to the other at the time of 
the commission of the act performed in private. 

802.03 Rape. — 

(1) Any person who has sexual intercourse with a fe- 
male, not his wife, by means of force and against her will, 
commits rape. Sexual intercourse occurs when there is any 
penetration of the female sex organ by the male sex organ. 

(2) Any person who commits rape is guilty of a felony 
and subject to the penalty prescribed by Florida law. 

31 




REPORT OF FLORIDA LEGISLATIVE INVESTIGATION COMMITTEE 

(3) No person shall publish, broadcast, or in any other 
way disseminate the name of any female raped or upon whom 
assault with intent to commit rape has been committed. 

(4) Any person who publishes, broadcasts or in any other 
way causes to be disseminated the name of any female raped 
or upon whom an assault with intent to commit rape has 
been committed is guilty of a misdemeanor and subject to 
the penalty prescribed by Florida law. 

802.04 Indecent liberties with a child. — 

(1) Any person who is not a child as provided for by 
Florida law who performs or submits to any of the following 
acts with a child commits indecent liberties with a child. 

(a) Any act of sexual intercourse. 

(b) Any act of deviate sexual conduct. 

(c) Any lewd fondling. 

(2) It shall not be a defense to committing an indecent 
liberty with a child that the accused reasonably believed the 
person not to be a child. 

(3) Any person who commits indecent liberties with a 
child is guilty of a felony and subject to the penalty pre- 
scribed by Florida law. 

802.05 Contributing to the sexual delinquency of a child. — 

(1) Any person who is not a child as provided for by 
Florida law who performs or submits to any of the following 
acts with any child contributes to the sexual delinquency of a 
child: 

(a) Any lewd act done in the presence of the child. 

(b) Any display, presentation or exposure of the child to 
lewd, lascivious, obscene, pornographic or otherwise in- 
decent material to arouse or satisfy the sexual desires of the 
child or person, or both. 

(c) Any use of the child as a model, performer, or par- 
ticipant in any manner whatsoever in films, still pictures, 
drawings, plays or other presentations so designed as to 
arouse or satisfy the sexual desires of the viewer. 



32 



REPORT OF FLORIDA LEGISLATIVE INVESTIGATION COMMITTEE 



(2) It shall not be a defense to contributing to the sexual 
delinquency of a child that the accused reasonably believed 
the person not to be a child. 

(3) Any person who commits an act contributing to the 
sexual delinquency of a child is guilty of a felony and subject 
to the penalty prescribed by Florida law. 

802.06 Indecent solicitation of a child. — 

(1) Any person who is not a child as provided for by 
Florida law who solicits a child to do any act, which if 
consummated, would constitute committing an indecent lib- 
erty with a child or an act contributing to the sexual de- 
linquency of a child, commits indecent solicitation of a child. 

(2) It shall not be a defense to indecent solicitation of a 
child that the accused reasonably believed the person not to 
be a child. 

(3) Any person who commits an act constituting inde- 
cent solicitation of a child is guilty of a misdemeanor and 
subject to the penalty prescribed by Florida Law. 

802.07 Adultery.— 

(1) Any person who cohabits or has sexual intercourse 
with another not his spouse commits adultery, if 

(a) The person is married and the other person involved 
in such intercourse or cohabitation is not his spouse ; or 

(b) The person is not married and knows that the other 
person involved in such intercourse is married. 

(2) Where either of the parties living in an open state 
of adultery is married, both parties shall be deemed to be 
guilty of the offense provided for in this section. 

(3) Any person who commits adultery is guilty of a fel- 
ony and subject to the penalty prescribed by Florida law. 

802.08 Fornication and deviate sexual conduct. — 

(1) Any person who cohabits or has sexual intercourse 
with another not his spouse and not a child, in the absence 
of conditions set forth in (a) and (b) of 802.07(1), commits 
fornication. 

33 



REPORT OF FLORIDA LEGISLATIVE INVESTIGATION COMMITTEE 

(2) Any person who cohabits or engages in deviate sex- 
ual conduct not otherwise provided for in this chapter with 
another not his spouse and not a child, commits deviate sexual 
conduct. 

(3) Any person who commits fornication or deviate sex- 
ual conduct is guilty of a misdemeanor and subject to the 
penalty provided by Florida law. 

802.09 Public indecency. — 

(1) Any person who performs any of the following acts 
in a public place commits a public indecency : 

(a) An act of sexual intercourse. 

(b) A lewd exposure of the body or genital organs. 

(c) A lewd fondling or caressing of the body of another 
person of either sex. 

(d) Any act of deviate sexual conduct. 

(2) "Public place" for the purposes of this act shall be 
broadly interpreted to mean any place where the conduct may 
reasonably be expected to be viewed by others or which may 
be frequented by members of the general public. 

(3) Any person who commits an act of public indecency 
is, upon first conviction, guilty of a misdemeanor and is sub- 
ject to the penalty provided by Florida law. Upon subsequent 
convictions, it shall be the prerogative of the trial judge to 
assess such penalties as are provided by Florida law for the 
commission of a felony. 

802.10 Incest. — 

(1) Any person who has sexual intercourse or performs 
an act of deviate sexual conduct with another to whom he is 
related as follows commits incest : 

(a) Father — daughter; or 

(b) Mother — son; or 

(c) Brother — sister, either of the whole blood or the half 
blood ; or 

( d ) Uncle — niece ; or 

(e) Nephew — aunt. 

34 









REPORT OF FLORIDA LEGISLATIVE INVESTIGATION COMMITTEE 

(2) "Daughter" and "son" for the purposes of this act, 
means a blood daughter or son, regardless of legitimacy or 
age, and also means a stepdaughter or stepson or adopted 
daughter or son, so long as he or she is a child. 

(3) Any person who commits incest is guilty of a felony 
and upon conviction is subject to the penalty provided by 
Florida law. 

802.11 Prohibiting prostitution; evidence; penalties. — 

(1) As used in this section, unless the context clearly 
requires otherwise : 

(a) The term "prostitution" shall be construed to include 
the giving or receiving of the body for sexual intercourse or 
deviate sexual conduct. 

(b) The term "assignation" shall be construed to include 
the making of any appointment or engagement for prostitu- 
tion or any act of deviate sexual conduct. 

(2) It is unlawful in the state : 

(a) To keep, set up, maintain or operate any place, struc- 
ture, building or conveyance for the purpose of assignation 
or prostitution. 

(b) To offer, or to offer or agree to secure, another for 
the purpose of prostitution. 

(c) To receive, or to offer or agree to receive, any person 
into any place, structure, building or conveyance for the pur- 
pose of prostitution, or assignation, or to permit any person 
to remain there for such purpose. 

(d) To direct, take or transport, or to offer or agree to 
take or transport, any person to any place, structure or 
building, or to any person, with knowledge or reasonable 
cause to believe that the purpose of such directing, taking 
or transporting is prostitution or assignation. 

(3) It shall further be unlawful in the state : 

(a) To offer to commit, or to commit, or to engage in, 
prostitution or assignation. 

35 



REPORT OF FLORIDA LEGISLATIVE INVESTIGATION COMMITTEE 

(b) To solicit, induce, entice or procure another to com- 
mit prostitution or assignation with himself or herself. 

(c) To reside in, enter or remain in, any place, structure 
or building, or to enter or remain in any conveyance for the 
purpose of prostitution or assignation. 

(d) To aid, abet or participate in the doing of any of 
the acts or things enumerated in subsections (2) and (3) of 
this section. 

(4) In the trial of any persons charged with the violation 
of any of the provisions of this section, testimony concerning 
the reputation of any place, structure, building or conveyance 
involved in said charge, and of the person or persons who 
reside in, operate or frequent the same, and of the defendant, 
shall be admissible in evidence in support of the charge. 

(5) Any person violating any provision of this section 
shall be deemed guilty of a misdemeanor, and upon convic- 
tion is subject to the penalty prescribed by Florida law. 

802.12 Prostitute; forcing, etc., one to become, unlaw- 
ful— 

(1) It is unlawful for anyone to force, compel or coerce 
another to become a prostitute. 

(2) Anyone violating this section is guilty of a felony 
and upon conviction is subject to the penalty prescribed by 
Florida law. 

802.13 Prostitute; living on earnings. — 

(1) It is unlawful for anyone to live off the earnings of 
any other person with the knowledge or reasonable cause to 
believe that such earnings are derived from prostitution. 

(2) Anyone violating this section is guilty of a felony and 
upon conviction is subject to the penalty prescribed by Flor- 
ida law. 

802.14 Prostitution, etc.; renting space. — 

(1) It is unlawful to let or rent any place, structure or 
part thereof, trailer or other conveyance, with the knowledge 
that such place, structure, trailer or conveyance will be used 
for the purpose of assignation or prostitution. 



36 



REPORT OF FLORIDA LEGISLATIVE INVESTIGATION COMMITTEE 

(2) Anyone violating this section is guilty of a misde- 
meanor and upon conviction is subject to the penalty pre- 
scribed by Florida law. 

802.15 Enticing and/or procuring for prostitution. — 

(1) Whoever shall induce, entice or procure to come into 
this state or to leave his or her home or other place where he 
or she may be residing in this state, any person for the pur- 
pose of prostitution or concubinage or for other immoral 
purposes, or to enter any house of prostitution, and whoever 
aids and assists in such enticement or procurement is guilty 
of a felony and subject to the penalty prescribed by Florida 
law. 

802.16 Psychiatric and psychological examination. — 

(1) Any person found to be guilty of an act of deviate 
sexual conduct or section of this chapter involving or related 
to a child as denned by Florida Statutes, shall, before sen- 
tencing, be made subject of a psychiatric and psychological 
examination in accordance with procedures set forth in chap- 
ter 801, Florida Statutes, for such examination. 

(2) The judge may, in his discretion, order a psychiatric 
and psychological examination of other individuals convicted 
before him of deviate sexual conduct. 

Section 2. All laws or parts of laws in conflict with this 
chapter are repealed, in particular but not limited to, chap- 
ters 794, 796, 798, 800, sections 795.02 and 795.03, Florida 
Statutes. 



Section 3. This act shall take effect 



_, 1965. 



37 



REPORT OF FLORIDA LEGISLATIVE INVESTIGATION COMMITTEE 

A BILL 
TO BE ENTITLED 

AN ACT relating to academic freedom; amending chapter 
229, Florida Statutes, by the addition of sections declaring 
legislative intent; providing certain safeguards to free 
exploration of ideas by faculties and students at public 
institutions of higher learning; prescribing certain areas 
of responsibility essential to the preservation of academic 
freedom; providing for the formulation of policies and 
regulations relating to academic freedom ; providing an ef- 
fective date. 

Be it Enacted by the Legislature of the State of Florida: 

Section 1. Chapter 229, Florida Statutes, is amended by 
the addition of the following sections, to read : 

229.51 Short Title— Sections 229.51-229.57 shall be known 
as the "Academic Freedom Law of Florida." 

229.52 Declaration of Legislative Intent — Recognizing 
that Florida's institutions of higher learning must not be 
stifled by standards of mediocrity which do little for the 
mind and spirit of their times and little to enrich and en- 
large the lives of their students, the legislature hereby de- 
termines and declares that : 

(1) In the development of knowledge, research endeavors 
and creative activities, the faculty and student body of each 
institution of higher learning must be free to cultivate a 
spirit of inquiry and scholarly criticism, and to examine ideas 
in an atmosphere of freedom and confidence ; 

(a) Institutions of higher learning must serve as a mar- 
ket place of competing ideas; where questioning is to be 
encouraged; where alternatives may be explored, and where 
free minds are encouraged to test the validity of each idea 
so as to follow wherever truth may lead ; 

(b) As pointed out by the association of American Uni- 
versities, "historically the word 'university' is a guarantee 
of standards. It implies endorsement not of its members' 
views, but of their capability and integrity. Every scholar 

38 



REPORT OF FLORIDA LEGISLATIVE INVESTIGATION COMMITTEE 



has an obligation to maintain this reputation. By ill-advised, 
though not illegal, public acts or utterances, he may do 
serious harm to his profession, his university, to education, 
and to the general welfare. He bears a heavy responsibility 
to weigh the validity of his opinions and the manner in 
which they are expressed. His effectiveness, both as scholar 
and teacher, is not reduced, but is enhanced, if he has the 
humility and the wisdom to recognize the fallibility of his 
own judgment. He should remember that he is as much a lay- 
man as anyone else in all fields except those in which he has 
special competence. Others, both within and without the uni- 
versity, are as free to criticize his opinions as he is free to 
express them," 

(c) The total effort of Florida institutions of higher 
learning must be directed toward learning, research, con- 
structive criticism and intellectual inquiry ; 

(d) Advocacy and involvement in extra-legal activities 
through participation in or support of acts of civil dis- 
obedience is contrary to the role of Florida's institutions of 
higher learning and has no place in the organizations or ac- 
tivities of the administrations, faculties or student bodies of 
the institutions; 

(e) Enemies of the freedoms developed and perpetuated 
by discerning and scholarly consideration of ideas and ideol- 
ogies seek to use those freedoms for the purpose of fostering 
subversion and anarchy ; 

(f) The campuses of colleges, junior colleges, universities 
and other educational institutions are prime targets of such 
efforts, making mandatory special caution and concern that 
the freedom of inquiry not be misused, either by intent or in- 
advertence. 

(2) The legislature recognizes that this is a problem of 
concern to many citizens of the state, and to many of its 
fine educators, which must be met with sound safeguards 
not damaging to the role and function of the educational 
system of the state and its contributions to our society. 

(3) The legislature intends to declare, in general terms, 
the powers and duties of the state board of education in 

39 



REPORT OF FLORIDA LEGISLATIVE INVESTIGATION COMMITTEE 

this regard, leaving specific details to be determined by- 
reasonable rules and regulations the board may promulgate 
or assign to such subservient boards or commissions as have 
been created by law and are responsible to it. 

(4) It is the intent of the legislature to bestow upon the 
state board of education and such lawful bodies as are sub- 
servient to it sufficient power and authority to carry out 
the objectives broadly stated above. 

(5) In making these declarations, the legislature re- 
affirms its conviction that the personnel and students of 
Florida's institutions of higher learning generally understand 
the mission of those institutions and will wisely utilize the 
provisions of this law in a continued responsible exercise of 
their freedom. 

(6) The legislature hereby finds, determines, and declares 
that this law is necessary to the preservation of the integrity 
of Florida institutions of higher learning and to the sanctity 
of the role of academic freedom as a contributor to a healthy, 
stable society. 

229.53 No Prohibition of Speakers, Lecturers, etc. — 

(1) It shall be the duty of the state board of education 
to create and implement regulations providing that no per- 
son who, in the opinion of the board and appropriate officials 
of the several institutions of higher learning, can make a 
contribution to the mission of an institution shall be banned 
or prohibited from appearing in any capacity on the campus 
as a speaker, lecturer, instructor or performer. 

(2) Nothing in this section shall be construed so as to 
prevent the state board of education, its subservient bodies 
or the institutions of higher learning from creating and im- 
posing standards or conditions governing the use of the 
physical plant of any institution, or the circumstances un- 
der which any individual may be presented, other than as 
may be in conflict with section 229.54 of this law. 

229.54 Balanced Presentation of Ideas — Where it appears, 
either before or after an appearance, that any speaker, lec- 
turer, instructor or performer appearing in any capacity on 

40 



REPORT OF FLORIDA LEGISLATIVE INVESTIGATION COMMITTEE 



the campus or through the facilities of an institution of 
higher learning may, by virtue of his position, background, 
profession, affiliation or content of statement or remarks, 
advocate or give the appearance of advocacy of an ideology, 
dogma or doctrine contrary to the precepts of American Con- 
stitutional government or the Constitutional government of 
the state of Florida, or engages by word or deed in the 
advocacy of willful disobedience of the laws of the United 
States or the State of Florida, it shall be the duty of the 
state board of education to institute and implement policies 
and regulations to : 

(1) Assure that within a reasonable time, not to exceed 
one month, a person of comparable stature in the commu- 
nity, state or nation, but who espouses opposite views, be 
presented in a comparable setting and with comparable 
publicity and promotion as that accorded the speaker whose 
position he opposes. 

(2) Make provision that, in the event it is determined 
prior to his appearance that the individual to appear falls 
within the provisions of this section, a copy of his lecture, 
speech, remarks or presentation shall be filed with the Super- 
intendent of Public Instruction as executive officer of the 
board a reasonable period in advance of the scheduled ap- 
pearance, and that it there may be examined by appropriate 
officials and officers of the federal, state and local govern- 
ments. 

(3) Make provision for reasonable inquiry as to whether 
any individual covered by this section is or has been identi- 
fied as a member of an organization cited as a subversive 
organization or front organization of a subversive organiza- 
tion by the United States Subversive Activities Control 
Board; Attorney General of the United States; House Com- 
mittee on Un-American Activities; Senate Internal Security 
Subcommittee or Legislative Investigation Committee of the 
State of Florida; and provision that if such memberships 
are found on inquiry to the named organizations that any 
such affiliations shall be presented and publicized with equal 
prominence as other biographical information and qualifica- 
tions of the cited individual. 

41 



REPORT OF FLORIDA LEGISLATIVE INVESTIGATION COMMITTEE 

229.55 Civil Disobedience — It shall be the duty of the 
state board of education to institute and implement policies 
and regulations which prohibit the advocacy by word or deed 
of willful disobedience of the laws of the United States or 
the State of Florida by any individual or organization which 
is a part of, governed by, or affiliated with any institution of 
higher learning in Florida. 

(1) Further provision shall be made that upon a determi- 
nation of such advocacy by the board or its designated agent, 
removal of the individual or organization from the institu- 
tion shall be mandatory. A determination as to eligibility for 
re-admission or reinstatement shall be discretionary with the 
board. 

(2) Nothing in this section shall be construed as consti- 
tuting a prohibition of academic discussion of the theory or 
effect of civil disobedience as a social force. 

229.56 Grants, Scholarships, Aid Funds, etc. — It shall be 
the duty of the state board of education to institute and 
implement policies and regulations prohibiting any individual 
from receiving, utilizing or benefiting from funds adminis- 
tered by the State of Florida for the purpose of furnishing 
grants, fellowships, scholarships, educational or research aid, 
or for contract research, until such person has furnished an 
oath or affirmation of allegience to the Constitution of the 
United States and of the State of Florida ; has provided a full 
statement explaining any crimes of which he has been con- 
victed or which have been charged against him and are 
pending; and an affidavit certifying he is not, and has not 
been, a member of a Communist organization registered or 
required to register by final order of the Subversive Activities 
Control Board within five years preceding the date of the 
affidavit or from the time the organization was registered or 
required to register, whichever period is the shorter; a state- 
ment providing the name and address of every school at- 
tended, and under what name, if different from that given 
in the statements and oath herein provided for ; and a listing 
of all organizations to which he has belonged and all excur- 
sions or trips made outside the continental borders of the 
United States. 

42 



REPORT OF FLORIDA LEGISLATIVE INVESTIGATION COMMITTEE 

229.57 Report to Legislature — On or before January 1, 
1966, the state board of education shall file with the clerk 
of the house of representatives and the secretary of the sen- 
ate, copies of all policies and regulations adopted in compli- 
ance with this law. 

(1) On or before January 1 of each succeeding year, the 
state board of education shall file with the clerk of the house 
of representatives and the secretary of the senate, copies of 
any additions or amendments made to the policies and regula- 
tions adopted in compliance with this act, and summaries 
of any actions taken by the board or its agents in the im- 
plementation of such policies and regulations. 

Section 2. It is declared to be the legislative intent that, 
if any section, subsection, sentence, clause or provision of this 
act is held invalid, the remainder of the act shall not be 
affected. 

Section 3. This act shall take effect July 1, 1965. 



43 



REPORT OF FLORIDA LEGISLATIVE INVESTIGATION COMMITTEE 

A BILL 

TO BE ENTITLED 

AN ACT relating to the duties of the Superintendent of 
Public Instruction; amending chapter 229, Florida Stat- 
utes, providing for suspensions of Instructors certified by 
the State of Florida during investigation or litigation of 
charges which would be grounds for revocation of a certif- 
icate, permit or license issued by the State Board of Edu- 
cation ; providing an effective date. 

Be it enacted by the Legislature of the State of Florida: 

Section 1. Chapter 229, Florida Statutes, is amended by 
striking 229.17 (16) and substituting in lieu thereof: 

229.17(16) ISSUE CERTIFICATES AND LICENSES, 
MAKE SUSPENSIONS AND RECOMMEND REVOCA- 
TION.— 

To issue to qualified applicants in accordance with State 
Board regulations certificates, permits and licenses author- 
ized by law; to recommend to the State Board revocation 
of any certificate, permit or license for cause on the basis 
of evidence assembled and submitted to the State Board, and 
to suspend without prejudice any certificate, permit or li- 
cense issued to any person accused of an act or acts consti- 
tuting grounds for revocation as provided by law, pending 
investigation by the state department or disposition of perti- 
nent litigation pending before a court of competent jurisdic- 
tion. 

Section 2. This act shall take effect upon becoming law. 



44 



REPORT OF FLORIDA LEGISLATIVE INVESTIGATION COMMITTEE 



A BILL 
TO BE ENTITLED 

AN ACT relating to elections; prohibition of the Communist 
Party; amending paragraph (a) of subsection (6) of sec- 
tion 97.021, Florida Statutes, to include recognition that 
the Communist Party, U.S.A. and political organizations 
claiming to be political parties but having been found by 
proper authority to be agents of the international commu- 
nist conspiracy are not political parties and are not en- 
titled to recognition or consideration as such in Florida ; 
providing an effective date. 

WHEREAS, there exists a world Communist movement 
which, in its origins, development and practice is a world- 
wide revolutionary movement whose purpose is the establish- 
ment of a Communist totalitarian dictatorship in all countries 
of the world, and 

WHEREAS, the establishment of a totalitarian dictator- 
ship in any country results in the suppression of all opposi- 
tion to the party in power, the subordination of the rights 
of the individual citizens to those of the state, the denial of 
fundamental rights and liberties which are characteristic of 
a representative form of government, such as freedom of 
speech, of the press, of assembly and of religious worship, 
and results in the maintenance of control over the people 
through fear, terrorism and brutality, and 

WHEREAS, it is acknowledged in the writings of the 
founders of Communism and the statements of its current 
practitioners that its advances are keyed to the systematic 
penetration of a country through the infiltration of strategic 
unions, communications media, government agencies, political 
organizations, social causes and other private institutions and 
groups for the destruction of the moral fiber, the confusion 
of national purpose, and the creation of misinformation and 
misunderstanding among the individual citizens, and 

WHEREAS, a recognized tenet and goal of Communism 
is the suppression of all opposition and the existence of a 
single political party, organized on a dictatorial basis, and 
by substantial identity between such party and its policies 

45 



REPORT OF FLORIDA LEGISLATIVE INVESTIGATION COMMITTEE 

and the government and governmental policies of the country 
in which it exists, and 

WHEREAS, the advances of Communism are based on de- 
ceit, distortion and demagoguery, limited neither by the 
bonds of conscience nor the demands of truth, and 

WHEREAS, a favorite ploy of Communists active openly 
in the United States today is to claim disassociation with 
the totalitarian goals of the international Communist con- 
spiracy and assert their role is only that of a minority politi- 
cal party seeking social reform through legal means, and 

WHEREAS, this claim has been shown many times over by 
federal and state investigative bodies to be without substance 
or basis in fact, and 

WHEREAS, under this guise the Communist Party, U.S.A. 
has entered candidates in several recent state and local elec- 
tions in states of the American Union, which candidates 
have received a substantial number of votes, and the Commu- 
nist Party has further made inquiry of all states to ascertain 
the procedures by which they might place candidates on the 
ballot, including Florida, and 

WHEREAS, the sound laws enacted by prior legislatures 
of the State of Florida carefully prohibit activities of Com- 
munists whose intent to overthrow and destroy the legal au- 
thority and constitutional government of the states, either by 
direct action or by forced dissolution of the union of states 
upon which each state is dependent, but do not specifically 
bar the activities of the Communist Party as a political 
party in Florida in support of certain issues and of candi- 
dates who are not members of the Communist Party, 

NOW, THEREFORE, 

Be it enacted by the Legislature of the State of Florida : 

Section 1. Paragraph (a) of subsection (6) of section 
97.021, Florida Statutes, is amended to read : 

97.021 Definitions. — The following words and phrases, 
etc. . . . 

46 



REPORT OF FLORIDA LEGISLATIVE INVESTIGATION COMMITTEE 

(6) (a) Any group of citizens may organize as a politi- 
cal party if the general purpose of the organization is for 
election to office of qualified persons, and the determination 
of public issues under the accepted democratic processes of 
the United States, unless such organization shall be a part 
of, affiliated with, or under the direction or domination of the 
Communist Party, U.S.A. or a political organization having 
been found by the Subversive Activities Control Board of the 
United States, Attorney General of the United States, or 
Committee of the Congress of the United States to be con- 
trolled, directed or dominated by the Communist Party, U.S.A. 
or the Communist Party of any other nation or country. 

Section 2. This act shall take effect immediately upon be- 
coming a law. 



47 



Interim Report 



March, 1964 



The members ol your Florida Legislative Investigation 
Committee are keenly aware of the responsibility imposed 
upon them by the broad mandate of the 1963 Legislature 
and have worked diligently to serve fully and well the charge 
given them and the interests of our state and its citizens. 

The Committee is charged by the Act adopted by the 
■Legislature with investigation of: 

"all organizations whose principles or activities include a 
course of conduct on the part of any person or group which 
would constitute violence or a violation of the laws of the 
state, or would be inimical to the well-being and orderly 
pursuit of their personal and business activities by the 
majority of the citizens of this state, as well as the ex- 
tent of infiltration into agencies supported by state funds 
by practicing homosexuals, the effect thereof on said agen- 
cies and the public, and the policies of various state agen- 
cies in dealing therewith." 

Your Committee has been, and is, particularly mindful 
that we function for the specific and stated purpose "of 
leporting to this Legislature of the activities of such organi- 
zations to the end that corrective legislation may be adopted 
it found necessary to correct any abuses against the peace 
and dignity of the state." P 

In keeping with that mandate, we anticipate presenting to 
the members of the 1965 Legislature a full legislative pro- 
gram based on careful investigation and factually docu- 
mented findings in a number of areas of general concern. 

At the Committee's organizational meeting in August the 
resignations of the staff which had served its predecessor! 
and which had been temporarily retained to assure continu- 
ity, were accepted. Representative Richard 0. Mitchell was 

48 



REPORT OF FLORIDA LEGISLATIVE INVESTIGATION COMMITTEE 



elected chairman and Senator Robert Williams was elected 
vice-chairman. 

At that organizational meeting, all members concurred that 
careful study should be given to the course of conduct for 
this biennium and to the selection of staff to serve to trans- 
late the Committee's will to action. In September, the Com- 
mittee spent a full work week in Washington and Chicago, 
conferring with officials of key federal agencies and commit- 
tees of the Congress having responsibilities in our areas of 
interest, and with leaders of major private organizations 
concerned with subversive activities. 

On that trip we heard what our subsequent investigations 
have confirmed: That there exists today a major emphasis 
on the part of the Communists and their allies to move boldly 
into the academic and political mainstreams of American 
thought and life; that this movement gains impetus by the 
actions of extremists of both left and right whose actions, 
however sincerely motivated, serve well the purposes of those 
who would subvert the freedoms which are the American 
heritage. 

We were further made aware of that which our predeces- 
sors had come to know well: That the very freedoms with 
whose preservation we are concerned would be invoked in 
an effort to either thwart or neutralize constructive activities 
on our part. 

The counsel of wise and experienced individuals caused us 
to return to Florida with, if possible, a deeper dedication to 
securing the State of Florida against the thrusts and parries 
of those who would take advantage of our laws and these 
times to weaken the structure of our government and the 
moral forces which sustain it. 

We believe, and expect to present public evidence at a 
later time, that in Florida at present there exists a handful 
of organizations so obsessed by allegiance to false causes and 
craven credos as to pose an abuse against the peace and dig- 
nity of the state. 

We further believe that there are some organizations 
which, while engaged in activities and espousing belief dis- 

49 



REPORT OF FLORIDA LEGISLATIVE INVESTIGATION COMMITTEE 

HghffisWor" 7 dtiZenS ' are ° Perating in a le * aI and f orth- 
Our report, as the hearings which will precede it will 

both of t Uir l y With the °^ anizati -« ^d individuals In 
both of these categories, and to be oriented to lasting legis- 
lative contributions of meaning to the state. 
To achieve this goal, we adopted a new concept of staff 

naS Z tt"ff P ; 0Vid ; ng f ° r ^ ° Veral] Staff direc " or coorSu 
nating the efforts of a small basic staff and contract investi- 
gators serving on an "as-and-when-needed" basis. 

After a prolonged and detailed search, which literally en- 
compassed the country and which caused us to interview 
some half dozen prospects, we found in Florida a staff di- 
rector possessed of high qualifications. He is John E Evans 
a man well acquainted with Florida and its people, and pos 
sessed of experience at high administrative levels of both 
the state and federal governments and who has gained a 

SffiBStr his pioneering efforts in *■ * M * 

As legal counsel, the Committee was fortunate to benefit 
from the dedication of Leo Foster, one of Florida's most dt 

uTlhat he" b° rneyS ' Wh ° Se C ° nfidenCe in ° Ur -tlvitt s 
such that he has expressed a desire to serve our needs at no 

tee for advisory services and only minimal charges should 

we become involved in litigation. 

To serve as chief investigator, the Committee retained 
C. Lawrence Rice, who retired recently after 28 years serv 
ice witt the Federal Bureau of Investigation where h serV" 
eZilT h ™t an \° Ut ° f thiS C ° Untry ' Particularly "Si 
ComSee m "*"** int0 matterS ° f interest to the 

Although much time was taken up by the selection of this 
staff, updating of the Committee's files, establishment tf 
^anmgful liaison with law enforcement agencies Z other 
cooperating organizations in and out of Florida, and with the 
housekeeping chores, such as the development and ado^ on of 
he operating budget attached hereto, we have made certain 
solid accomplishments which we report with pride : 

50 



REPORT OF FLORIDA LEGISLATIVE INVESTIGATION COMMITTEE 



1. We have prepared, and enclose for your study, a well 
documented report on the nature and extent of homosexuality 
in Florida — suggesting both a massive program of public 
education and steps for legislative action toward realistic laws 
for its control. In conjunction with a committee of experts 
we are now assembling, we will continue to develop and 
refine recommendations for action in this area, and have 
been gratified to receive support for our educational efforts 
from such organizations as the Florida Federation of Wom- 
en's Clubs. 

2. We have prepared, and enclose for your consideration, 
a fingerprint bill, formalizing procedures for the proper iden- 
tification of all who receive compensation from the state. 
This measure is as much protection for Florida's employees 
as for the agencies for which they work, and we commend 
this measure to your attention and seek your comments on it. 

3. We have adopted a set of Rules of Procedure, which 
are enclosed for your information, guaranteeing to all who 
appear as witnesses before the Committee protection in keep- 
ing with the guarantees of the Constitution and the freedom 
of citizenship. 

4. We have drawn upon the files of the Committee and 
the talents of its staff to provide assistance to the State De- 
partment of Education, the Board of Control, several insti- 
tutions in the university system, and a number of law en- 
forcement agencies. Our assistance has been timely and, from 
the comments we have received, of significant value to the 
recipients. 

5. We have discussed with Superintendent Bailey our con- 
cern for a more efficient and effective means of investigating 
allegations of homosexuality involving teachers in the public 
school system. The attached copies of correspondence be- 
tween our staff director and Mr. Bailey reflect the present 
status of the continuing and cooperative effort we have un- 
dertaken with the State Department of Education to assure 
protection of the innocent and speedy action against the 
guilty. 

The committee has a broad range of investigative activity 
underway, adhering to policies adopted during the eight 

51 



REPORT OF FLORIDA LEGISLATIVE INVESTIGATION COMMITTEE 

formal meetings it has held thus far in the biennium Al- 
though we have retained a professional staff and determined 
to leave staff operation generally within their discretion, each 
member 1S kept fully informed of the activities of the Com- 

£w; ? m6anS ° f , a W6ekIy Staff re P° rt ' and «o new 
investigations are undertaken or major deviations from pol- 
icy permitted without full Committee concurrence. 

Because we deal with the lives of men and women of our 
state, and because our inquiry into the activities of certain 
organizations is subject to misconstruction in the press and 
in the minds of citizens generally, we have chosen to conduct 
the investigative phase of our operations without public dis- 
closure of its nature and through executive sessions of the 
Committee. When supposition is supplanted by fact, we shall 
air our investigative results through proper public hearings 
and reports m keeping with our rules. Pending that time 
we feel it is far better to be criticized for secrecy than to 
unjustly malign the name and reputation of even one indi- 
vidual by virtue of our inquiries. 

In this year when the Communist Party of the United 
States feels free to solicit speaking appearances on the cam- 
puses of our universities; when its leaders feel they can 
with impudicity, seek to place candidates on our ballots; and 
when on every hand we see laws flaunted by individuals 
who believe that the cloak of "civil disobedience" can obvi- 
ate the necessity of respect for law, we believe there exists 
a n eed for our laws to be as staunch as their defenders; to 
be modified to meet the attacks upon them; and that from 
this need do we draw the meaning and full justification for 
this Committee. 



52 



REPORT OF FLORIDA LEGISLATIVE INVESTIGATION COMMITTEE 

February 11, 1964 

Honorable Thomas D. Bailey 
State Superintendent of 

Public Instruction 
The Capitol 
Tallahassee, Florida 



Dear Tom : 

As we have discussed, the Florida Legislative Investiga- 
tion Committee has been concerned with the magnitude of the 
task facing the State Department of Education and the State 
Board of' Education in the investigation and disposition of 
allegations of homosexuality involving teachers in Florida 
public schools. We understand that there are some eighty 
cases pending now before the State Board of Education, and 
information in our files worthy of inquiry involves upwards 
of a hundred employees of institutions of public education. 

At the request of the State Department of Education, the 
predecessor to this Committee performed investigative serv- 
ices for the Teacher Certification Division of the Depart- 
ment during the past several years. Although the Committee 
will continue to offer direct assistance to this Division and 
intends to be most active in seeking control of dangerous 
homosexual practices within the state, we cannot provide the 
nearly full-time attention to this problem that its gravity de- 
mands. 

In reviewing the present status of the handling of these 
matters, the Committee has come to share your belief that a 
serious need of the State Department of Education is for staff 
level activity within the Teacher Certification Division by 
personnel competent to both investigate allegations against 
teaching personnel and to prepare the necessary legal docu- 
ments essential to consideration of charges by the State 
Board of Education. 

At its meeting January 29, 1964, at the Capitol, the Com- 
mittee by motion instructed me to forward to you its recom- 
mendation that the State Department of Education at the 
earliest practicable time employ an individual with strong 

53 



■ 



REPORT OF FLORIDA LEGISLATIVE INVESTIGATION COMMITTEE 

legal background and investigative experience to serve in the 
Teacher Certification Division or other appropriate place in 
the organizational structure of the State Department of Ed- 
ucation, whose function it should be to provide necessary 
investigative and legal services to make possible prompt and 
fair disposition of allegations of homosexual activity or other 
misconduct against members of the teaching profession in 
Florida. 

The recommended activity was contemplated by the Legis- 
lature in Chapter 231.24(3), Florida Statutes, and we con- 
strue its performance to be a proper responsibility of your 
office under the provisions set forth in Chapter 229 15 229 16 
(2) (6), and 229.17(13), thereby making appropriate a defi- 
cit appropriation to provide for the creation of the position 
and prompt commencement of the activities contemplated. 

The Committee further directed us to be of such assistance 
as you may request in the recruitment of individuals for your 
consideration as prospective employees in this position, which 
we shall be glad to do upon the determination of your require- 
ments. 

Let me emphasize that this recommendation in no way indi- 
cates a lessening of the Committee's interest in this area of 
its legislative mandate, but rather a determination that its 
activities for the development of information indicative of 
the need for new or amended legislation meet fully the re- 
quirements imposed by the members of the Legislature in 
creating it, and a recognition that total activity in but one 
area would require bypassing many areas of importance. 

If we may be of service to you, the Department or the 
State Board of Education in this or any other appropriate 
connection, you have but to call upon us. 

Cordially, 



John E. Evans 
Staff Director 



JEE/mh 

Cc : Members, F.L.I.C. 



54 






REPORT OF FLORIDA LEGISLATIVE INVESTIGATION COMMITTEE 

February 25, 1964 

Mr. John E. Evans 

Staff Director 

Florida Legislative Investigation Committee 

P. 0. Box 1044 

Tallahassee, Florida 

Dear John : 

I have given a great deal of thought to your letter of 
February 11 relative to the State Department of Education 
assuming the responsibility for the investigative and legal 
services in connection with a fair disposition of allegations 
of homosexual activities or other misconduct against members 
of the teaching profession in Florida. 

As you well know, the Florida Education Association had 
a bill passed in the 1963 session of the Florida Legislature 
titled "Professional Practices Act." They have recently organ- 
ized this Commission and I presume will be in business soon. 
One of the functions of this Commission is to do the investi- 
gative work involving members of the teaching profession in 
Florida. My feeling now is to give them an opportunity to 
function in this capacity since they will take recommenda- 
tions to the State Board of Education; too, they have been 
granted subpoena powers under this law. Even if the State 
Department of Education were to assume responsibility for 
investigative work, I doubt that we would have any subpoena 
powers and I question that any one man employed for investi- 
gative purposes could possibly consider as many cases as the 
Commission established by the FEA where all of the profes- 
sion becomes involved in such investigative procedures or, at 
least, has the responsibility for preferring charges against 
members of the profession to the FEA Commission. 

My problem is not so much the investigative procedure as 
it is the legal help needed to process all of the cases which 
are referred to us from the respective counties in order to 
have them properly submitted to the State Board of Educa- 
tion for action. In reply to your letter, therefore, I would 
say that I believe it is the better part of wisdom to allow the 
Professional Practices Commission of the FEA to function 

55 



REPORT OF FLORIDA LEGISLATIVE INVESTIGATION COMMITTEE 

for at least a year to prove themselves. The State Department 
of Education must assume the responsibility for processing 
all cases referred to the State Board of Education for action. 
This in itself, in my opinion, is going to require the full time 
services of a person with some legal background. 

I suggest that we work under these conditions at least until 
the next session of the Legislature and then determine how 
we should proceed in this endeavor. 

With kind personal regards, I am 

Cordially yours, 
Thomas D. Bailey 



56 



REPORT OF FLORIDA LEGISLATIVE INVESTIGATION COMMITTEE 

February 27, 1964 

Honorable Thomas D. Bailey 
State Superintendent of 

Public Instruction 
The Capitol 
Tallahassee, Florida 



Dear Tom : 

Thank you for your complete and courteous reply to our 
letter of February 11, and for the continuing concern you 
express for the prompt and adequate handling of allegations 
of misconduct affecting teachers in the public schools of Flor- 
ida. 

As you know, the Committee's recommendation sprang 
from our discussions with you and with Dr. Kelley resulting 
from our recognition of our inability to meet the responsi- 
bilities of our legislative mandate while continuing to provide 
the State Department of Education the extensive services 
it had requested during the prior bienniums. 

Whether or not an investigative problem exists that can 
best be handled by the new Commission established under 
the Professional Practices Act, or whether there exists a 
need for direct Department of Education involvement as 
envisioned in our recommendation is a decision you are as- 
suredly best equipped to make, but the fact remains that we 
are in possession of lists developed by employees of our pred- 
ecessor Committee naming approximately one hundred teach- 
ers against whom allegations of moral misconduct had been 
made or who were believed by the staff of the predecessor 
Committee on the basis of other investigative activities to 
warrant inquiry. We are anxious, as we know you to be, that 
any cloud of doubt or suspicion hanging over these individ- 
uals be promptly dispelled by factual information. 

We hope that you will convey to the Professional Practices 
Commission our desire to be of any assistance within our 
means, our readiness to make available the names to which 
I have referred, and any other appropriate information perti- 
nent to investigations undertaken by the Commission. Please 

57 



REPORT OF FLORIDA LEGISLATIVE INVESTIGATION COMMITTEE 

convey also the desire we have expressed to your department 
to be kept informed of the progress made in this field because 
of its bearing on our consideration of additional or revised 
legislation in this important area to assure the security of our 
citizens and the continuance of a high moral climate in our 
state. 



Sincerely, 

John E. Evans 
Staff Director 



JEE mh 



58 



REPORT OF FLORIDA LEGISLATIVE INVESTIGATION COMMITTEE 



A BILL 

TO BE ENTITLED 

AN ACT relating to the fingerprinting of State Employees; 
defining employees to be fingerprinted; requiring finger- 
printing as a condition of employment; providing proce- 
dures for the taking and filing of fingerprints ; establishing 
the responsibility of Administrators of State Agencies; 
making fingerprint reports confidential, and providing an 
effective date. 

WHEREAS, fingerprints serve as irrefutable and univer- 
sally accepted means of identification, and 

WHEREAS, the central fingerprint files maintained by 
the Federal Bureau of Investigation receive contributions 
from law enforcement agencies in every area of the nation 
and serve as central depository for information on criminal 
charges or other illegal activities, and 

WHEREAS, fingerprinting has become an accepted pre- 
liminary to employment by the Federal Government, by 
leading business firms and public agencies, carrying with it 
neither stigma nor hint of accusation, and 

WHEREAS, Florida, by administrative order, has, since 
mid-1962, had in effect a fingerprint requirement for all em- 
ployees, and 

WHEREAS, under this administrative policy more than 
fifty thousand (50,000) state employees have been finger- 
printed, with review of the fingerprints obtained revealing 
that approximately ten percent (10%) of these employees had 
enforcement agency records, many not serious in nature and 
already known to the employing entity, and 

WHEREAS, the experience of this administrative program 
has established its worth as a prudent employment policy for 
which legislative provision is desirable, 

NOW, THEREFORE, 

Be it enacted by the Legislature of the State of Florida: 

Section 1. After July, 1965, no person shall be employed 
by the State of Florida who has not provided through the 

59 



REPORT OF FLORIDA LEGISLATIVE INVESTIGATION COMMITTEE 

employing entity of the State on an approved form issued 
through the Florida Sheriffs Bureau a set of fingerprints 
together with name, date of birth and social security number. 

Section 2. As used in this Act, the terms "employee" and 
"employed by the State" shall mean any individual drawing 
compensation in the form of a State warrant, whether for full 
or part time services, and/or any individual making contribu- 
tions to one or more of the retirement funds created and 
administered under the laws of Florida, and/or any individ- 
ual holding a commission providing for service on any board, 
bureau or commission provided for by the laws of Florida as 
part of state government. 

Section 3. The Florida Sheriffs Bureau is designated as 
repository for fingerprint records and as agent of the State 
in securing the review of employee fingerprints by the Fed- 
eral Bureau of Investigation or other appropriate agency, and 
is charged with providing the employing entity, through a 
staff officer designated by the head of the agency, with the 
results of the review of each employee's fingerprints, and 
with information subsequently obtained as a result of finger- 
print identification. 

Section 4. The information contained in such reports 
shall be confidential and regarded by the Sheriffs Bureau in 
the same light as other records secured from cooperating en- 
forcement and investigative agencies, and under no circum- 
stances shall the information developed through employee 
fingerprints be made public by the Sheriffs Bureau. Any per- 
sonnel action based on information so obtained shall be solely 
that of the entity in which appointive or employment power 
is vested. 

Section 5. In the event of resignation, retirement, trans- 
fer or other separation of the employee, the employing entity 
shall file with the Florida Sheriffs Bureau an approved form 
providing basic information on the date and nature of the 
separation of the employee, in order that the fingerprint rec- 
ord files may be kept current. This form shall be fur- 
nished at the time of issuance of the final salary warrant 
for a salaried employee, and a copy furnished the Comp- 

60 



REPORT OF FLORIDA LEGISLATIVE INVESTIGATION COMMITTEE 

troller's Office, without which the final warrant shall not be 
issued. 

Section 6. In the case of employees entering, re-entering 
or transferring within state service : 

(1) New employees shall be fingerprinted and the form 
forwarded to the Florida Sheriffs Bureau prior to submission 
of the first payroll voucher on which the employee's name 
appears. A copy of an approved transmittal form for the 
fingerprints shall be furnished the Comptroller's Office with 
the first payroll voucher on which the employee's name ap- 
pears, without which no warrant shall be issued. 

(2) Employees re-entering state service or transferring 
from one employing entity to another, who have been pre- 
viously fingerprinted, shall provide on an approved form a sin- 
gle thumbprint, name, date of birth and social security num- 
ber, which shall be forwarded to the Florida Sheriffs Bureau 
for reference and record. A copy of the approved transmittal 
form for this information shall be furnished the Comp- 
troller's Office with the first payroll voucher on which the 
employee's name appears, without which no warrant shall be 
issued. 

Section 7. The forms provided for in this Act shall be 
promulgated by the Florida Sheriffs Bureau and approved by 
the Governor and Cabinet of Florida. 

Section 8. This Act shall take effect immediately upon 
becoming a law. 



61 




Background Information 
on 

THE NATIONAL 

STATES RIGHTS PARTY 



A Service to Florida Officials 

of the 

FLORIDA LEGISLATIVE INVESTIGATION 

COMMITTEE 



Post Office Box 1044 
Tallahassee, Florida 



Preface 



July 31, 1964 



The Constitutional rights of the States and freedoms of the 
individual citizens are vital and legitimate concerns affect- 
ing all segments of our society and all levels of our govern- 
mental structure. 

Unfortunately, however, they also serve as a screen for the 
perverse peddlers and preachers of hate who seek to serve 
their own ends under the guise of representing the views of 
responsible citizens. They clothe their totalitarian dogma in 
the garb of freedom, and sugar-coat their vicious aims with 
slogans designed to appeal to citizens disturbed by the actions 
of government or of the more outspoken representatives of 
contrasting areas of political thought. 

Today's hawkers of hate have made capital of hiding be- 
hind the facade of conservatism and waving the banner of 
anti-communism. With their bigotry thus cloaked, they have 
made converts who unwittingly serve to undermine the very 
causes in which they devoutly believe, and those activities 
cannot but lend aid and comfort to the apostles of Soviet 
Socialism and the International Communist conspiracy for 
totalitarianism is totalitarianism no matter how it is dis- 
guised. 

In a recent speech, F.B.I. Director J. Edgar Hoover listed 
some of those groups he construed to be enemies of our Re- 
public, and, after noting the intent and effort of the Com- 
munists to move in on the civil rights movement in America 
today, he said of the hate-mongers : 

"Nowhere in recent months have our people faced a more 
explosive condition of shame and violence than among the 
hatemonger, the moral degenerates, the lunatic fringe, and 
the other irrational fanatics who preach a doctrine of hos- 
tility toward their fellow man. This rabble has sown the 
dragons' teeth of malice and intimidation." 

65 



REPORT OF FLORIDA LEGISLATIVE INVESTIGATION COMMITTEE 

Neither the participation in, nor the support of, good con- 
servative or active anti-Communist movements by Floridians 
ought to be warped by the activities of a limited number of 
organizations and individuals such as those falling under Di- 
rector Hoover's definition. 

It is for this reason that the Committee calls to your at- 
tention the activities of one organization whose name we be- 
lieve to be misleading, and whose principles we believe to be 
contrary to the precepts of good citizenship. 



66 



REPORT OF FLORIDA LEGISLATIVE INVESTIGATION COMMITTEE 

July 22, 1964 

THE NATIONAL STATES RIGHTS PARTY 

The name of the National States Rights Party is being 
heard in many areas of Florida today. In connection with 
racial violence in St. Augustine and Klan organizational ac- 
tivities in several areas of the state, its name has been noted 
and its materials have been found. 

Two men, J. B. Stoner, a Georgia attorney best known for 
his defense of Klan members, and Conrad (Connie) Lynch, 
who claims to be representing the Christian Defense League, 
a California organization, have both affiliation and represen- 
tation of the NSRP in their repertoire of Florida activities. 

In addition, Florida voters are currently being asked to 
sign petitions to their county supervisors of registration and 
to the Secretary of State for the purpose of having placed 
on Florida's general election ballot the name and candidates 
of the National States Rights Party. 

The procedure employed is in conformance with Chapter 
103.021, Florida Statutes, and in at least one county a siz- 
able number of electors have signed petitions that have been 
turned in to the Supervisor. 

In seeking signatures on the petitions, representatives of 
the National States Rights Party are suggesting that their 
organization offers a legitimate outlet for the voters who find 
representation of their philosophies lacking in the platforms 
of the Democratic and Republican Parties. Heavy emphasis is 
placed upon the racial issue and the emotional overtones it 
generates. 

The petitions are sent out by Dr. Edward R. Fields from 
the National Headquarters of the NSRP at Birmingham, Ala- 
bama. Fields is listed on the organization's letterhead as In- 
formation Director, and his letter indicates that the Florida 
segment of the Party is headed by Dewey M. Taft of Tampa. 

Mr. Taft publishes a monthly newsletter under the title, 
"The American Digest," the June issue of which featured 

67 






REPORT OF FLORIDA LEGISLATIVE INVESTIGATION COMMITTEE 



items headlined "Gov. Farris Bryant, Liar and Betrayer," 
and "Police Refuse F.B.I. Orders to 'Shoot to Kill.'" Mr. 
Taft has said that he wishes it to be made clear "that I ac- 
cept no responsibility for the policies of the National States 
Rights Party which are set by the National officers in Bir- 
mingham, Alabama, nor for anything appearing in The 
Thunderbolt, the party organ published in Birmingham." 
He has stated his position as Florida State Chairman for 
NSRP is "temporary" and will "expire" December 31, 1964. 
Candidates of the National States Rights Party are John 
Kasper of Nashville, Tennessee, for President; and J. B. 
Stoner of Mableton, Georgia, for Vice President. 

Evidence that the NSRP candidates are receiving serious 
attention is reflected in the success of the Party in securing 
places on the Kentucky and Arkansas ballots for November. 
For the benefit of Floridians approached by this group for 
votes and funds, a brief summary of its operations and per- 
sonnel has been prepared from the files of the Legislative 
Investigation Committee. 

The National States Rights Party claims it is "America's 
Largest Third Party," and says it is the "only national, 
right-wing, third party in America which will be on the ballot 
in 1964." 

The "Prairie Fire," official publication of the National 
States Rights Party of Illinois, laid claim in its April, 
1964, edition to over 214,000 votes cast on behalf of the Party 
in the 1960 presidential election. The Associated Press, how- 
ever, in a story published across the nation on December 18, 
1960, said the NSRP garnered only 44,977 votes for its slate. 
This placed it far behind the unpledged elector slate of the 
separate Louisiana States Rights Party, which polled 169,- 
572 votes (now apparently counted by NSRP to get its 214,- 
000 total). The nearly 45,000 votes for the NSRP came from 
Alabama, Arkansas, Delaware and Tennessee and ranked it 
among the splinter parties of the country. Just behind the 
Socialist-Labor Party and the Prohibition Party, according 
to the AP figures. 

The National States Rights Party came into being in the 
early months of 1958, based on tenets of white supremacy 

68 



REPORT OF FLORIDA LEGISLATIVE INVESTIGATION COMMITTEE 

and anti-semitism. It was created and has been managed by 
an amalgamation of leaders formerly connected with organi- 
zations such as the United White Party, Christian Anti- 
Jewish Party, Real-political Institution, various Ku Klux 
Klans and the Columbians. At the time of its creation, one 
of the founders wrote a supporter that "the name NSRP will 
sound so mild that a man belonging to it will not worry 
about losing his job, but at the same time our program is 
much more effective." In explaining the difference between the 
NSRP and the movements from which it was carved, this 
founder said : 

"We have 'watered down' the National States Rights Party 
to a rather dangerous level. This was done in order to allow 
the organization to become a truly mass movement, thus 
giving us one year to indoctrinate our following with the 
full meaning of this White Nationalist movement. Without 
The Thunderbolt we are just another Klan or White Citi- 
zens Council." 

The "thunderbolt" referred to is the official symbol of the 
NSRP, and reproduced prominently on its letterhead and 
much of its literature. It was originally adopted as the sym- 
bol of an Atlanta hate organization called the Columbians, 
which disbanded after charges of subversion. The monthly 
publication of the NSRP, edited by Edward Fields, is named 
The Thunderbolt. 

It is apparent that the National States Rights Party, 
while originating in the South, has spread widely in its 
brief existence. There is evidence to indicate it has active 
workers in fifteen to twenty states, including a number in the 
mid and far West. 

Its appearance in 1963 in California led to a review of its 
activities by the Senate Factfinding Subcommittee on Un- 
American Activities of the California Legislature. This Com- 
mittee found and reported that the NSRP "is, in our opinion, 
more potentially dangerous than any of the American Nazi 
groups." 

Some leaders of the organization appear at meetings and 
demonstrations in the NSRP uniform, a military-style outfit 

69 



REPORT OF FLORIDA LEGISLATIVE INVESTIGATION COMMITTEE 



reminiscent of Hitler's storm troopers and replete with the 
thunderbolt device on an armband. Illustrations of this from 
NSRP publications are included in the exhibits attached at 
the conclusion of this report. 

In addition to The Thunderbolt, the NSRP offers a variety 
of literature to its supporters, illustrative of which is the 
flyer, "Jew Communists Behind Race Mixing," a two-sided 
leaflet "showing the Jews who founded Communism on one 
side and a Negro attacking a white lady on the other. A real 
shocker." Copies of this flyer have been distributed in St. 
Augustine in recent weeks. 

Like all extremist organizations, the NSRP voices constant 
pleas for funds. While pointing out that the NSRP member- 
ship and support are making "tremendous gains," Dr. Fields 
has written his "fellow white patriots" that 

"for some reasons funds have been coming in very slowly 
. . . the cost of sending teams of trained members into 
various states to help collect thousands of names necessary 
to place the NSRP on the ballot requires a great deal of 
money." 

In a letter postmarked from the Party's headquarters in 
Birmingham July 6, 1964, Dr. Fields said that : 

"at this very moment we have only about $600.00 on 
hand in the headquarters account. Our budget at H.Q. calls 
for a minimum of between $4,000 and $5,000 per month 
just to pay postage, printing, paper, overhead, which alone 
runs into thousands of dollars monthly, not counting or- 
ganizational expenses. What we are able to do this summer, 
to repeal the Civil Rights Bill, place our ticket on the 
ballot, etc., etc., depends upon your loyal and faithful 
support." 

The NSRP nominated Kasper and Stoner at its National 
Nominating Convention held in Louisville, Kentucky, on 
March first of this year. On either side of the hall at the 
Sheraton Hotel hung large banners proclaiming "Jews Be- 
hind Racemixing" and "Keep America White." 

70 



REPORT OF FLORIDA LEGISLATIVE INVESTIGATION COMMITTEE 



It is of interest to note that the Communist movement 
never misses an opportunity to picture the activities of such 
extremist organizations as being typical of true conservative 
groups, and that much of the attention focused on the NSRP 
convention came from a line of biracial pickets parading out- 
side the hotel under the leadership of Carl Braden, who has 
been identified before investigating committees in sworn tes- 
timony as an active U. S. Communist. 

In other years, the NSRP has sought to support Governor 
Orville Faubus and Senator Strom Thurmond for national of- 
fice, but has been rebuffed by these two leaders. Fields has 
written that these two are : 

"part of the old, corrupt, two-party system . . . and are 
basically loyal to their own entrenched political party ma- 
chine." 

The Thunderbolt reported the NSRP conviction that "any 
old-party politician, or his corrupt party machine, or his 
philosophy of sell-out and compromise will never carry our 
nation to the new national rebirth which we seek." The 
NSRP has described President Johnson as "the hollow pump- 
kin on a pole who is in the White House . . . dedicated to 
stupidity and treachery." 

To oppose Johnson, the NSRP selected John Kasper, a New 
Jersey native, graduate of Columbia University, one-time 
bookseller and now a Nashville automotive service center op- 
erator. Kasper has spent nearly three of his thirty-five years 
in prison as a result of racist activities. In 1956, he gained 
national headlines for his disruptive activities in racially torn 
Clinton, Tennessee, and became a hero of the white supremacy 
movement through his leadership of the Seaboard White Citi- 
zens Council. 

In 1957, Kasper's image as an ardent segregationist faded 
when he was questioned by the Florida Legislative Investiga- 
tion Committee about the activities in Florida of the Sea- 
board Council. He admitted under oath frequent and close 
association with Negroes until just prior to his Clinton ap- 
pearance. He admitted hosting interracial parties at the 
Greenwich Village bookstore he operated in New York and 

71 



REPORT OF FLORIDA LEGISLATIVE INVESTIGATION COMMITTEE 

frequently dancing with and dating the young Negro women 
who made his shop a hangout. 

Newspaper stories from New York at the time told of 
Rasper's close relationship with and near worship of Ezra 
Pound, the poet whose insanity and confinement to a Wash- 
ington, D. C. hospital prevents prosecution on an indictment 
of treason returned against him as a result of his World 
War II activities. They told, too, of his relationship with 
Florette Henry, a then nineteen year old Negro girl who 
worked part-time in his bookstore. She told reporters of Ras- 
per taking her to meet Pound at St. Elizabeth's hospital and 
of her dates with him, which included beach parties and his 
exhortation to a mixed group in September 1955, to join the 
National Association for the Advancement of Colored People, 
a group he now denounces. 

As a result of the revelations before the Legislative Com- 
mittee, Rasper's support crumbled. He later served time at the 
Federal Correctional Institution at Tallahassee as a result of 
his activities at Clinton, and, since his release several years 
ago, has been in relative seclusion in Nashville. 

Jessee Benjamin Stoner, the vice presidential nominee of 
the National States Rights Party, is a Georgia attorney best 
known for his defense of Rlansmen and other extremists in- 
volved in racial or anti-semitic incidents. He is in his early 
forties and has a long career of association with racist or- 
ganizations. 

He was at one time was identified as the "archleader" of 
the Stoner Anti-Jewish Party, and of the Christian Anti-Jew- 
ish Party. He has been identified as a one-time Imperial 
Wizard of the Christian Rnights of the Ru RIux Rlan and 
as Rlegal of the Tennessee Rlan. 

The Stoner Anti-Jewish Party was reported in 1947 to 
have circulated widely a promotional card which contained 
statements by Archleader J. B. Stoner, including: 

"The Stoner Anti-Jewish Party is a political party whose 
main and primary objective is to serve Christianity and 
America by obtaining passage of proper laws or Constitu- 

72 



REPORT OF FLORIDA LEGISLATIVE INVESTIGATION COMMITTEE 

tional Amendments making it unlawful and impossible for 
Jews to live in North America. 

"The Stoner Anti-Jewish Party believes that North 
America is for white gentiles only. It believes in white su- 
premacy. It definitely proposes that all niggers in North 
America be lawfully resettled in Africa with better living 
conditions in Africa than here. It believes that all Orientals 
should be resettled in the Orient." 

In 1944, Stoner addressed a petition to the U. S. House 
of Representatives uring that body to pass a "resolution rec- 
ognizing the fact that the Jews are the children of the devil, 
and that, consequently, they constitute a grave menace to 
the United States of America." 

In July 1946, Stoner granted an interview to the Atlanta 
Constitution, in which he stated his belief that Hitler had 
been too moderate. He told reporter Jim Furniss that he and 
his associates were planning a new political party and that 
they planned to be "more modern" in wiping out all Jews ex- 
cept those who might espouse Christianity." The essence of 
his new party, he was quoted as saying, was "to make being 
a Jew a crime punishable by death." 

Stoner has been much in evidence in Florida since June, 
both as defense counsel for Jacksonville Rlansmen accused of 
setting off a dynamite charge at the home of a Negro boy 
who had been admitted to a formerly all-white school (the 
case ended in a mistrial resulting from a hung jury and has 
been re-scheduled for the fall), and as principal speaker and 
organizer of segregationist rallies at St. Augustine. He has 
also been speaker at a number of Rlan rallies in the north- 
east Florida area. 

Edward Fields, the principal drum-beater for the Rasper- 
Stoner ticket, is a trained chiropractor now in his early 
thirties, whose history as an agitator extends back to his 
teen-age years. 

He has been associated with Stoner in the Christian Anti- 
Jewish Party, and was a leader in the defense effort and fund 
raising for attorneys' fees for John Rasper. Other organiza- 
tions to which he has been linked include the National Citi- 

73 






Ij REPORT OF FLORIDA LEGISLATIVE INVESTIGATION COMMITTEE 

zens' Protective Association of St. Louis, and several divi- 
sions of the Klan. He was a key leader of the United White 
Party, a forerunner of the NSRP, which was merged with it 
in September 1962. Fields has held several NSRP offices, the 
latest of which is his current role as Information Director. 
Fields is not known to have been in Florida recently. 

Also active in Florida at the present time, although claim- 
ing no association with the NSRP is Charles Conley Lynch, 
who identifies himself as the Reverend Connie Lynch. He 
has been active in California as an organizer for the National 
States Rights Party, but claims current affiliation with the 
Christian Defense League, a chapter of which he now seeks 
to establish in St. Augustine. Headquarters of the Christian 
Defense League is 617 South Olive Street, Los Angeles, Cali- 
fornia. According to its publications, the Christian Defense 
League "was established as a vehicle for uniting white Chris- 
tian Americans of all denominations for the defense of their 
faith and race against anti-Christian forces using the very 
freedoms granted under a Christian form of government to 
destroy the society which created those freedoms." The Chris- 
tian Defense League claims to be active in a broad range of 
activities, including education, legal defense of white Chris- 
tians in selected cases, investigation of alleged violations of 
members' rights, the issuance of "Christian Buyers Direc- 
tories," and other similar activities. Annual membership in 
the organization is $12.00, Life Membership $100.00, and a 
Gift Endowment $1,000. 

Available information indicates that Lynch was born No- 
vember 15, 1912, in Clarksville, Texas. His wife's name was 
Betty Ruth Lynch and he had been a laborer for the Lemon 
Exchange, Corona, California, prior to his involvement with 
various anti-semetic and white supremist groups. 

Lynch's arrest record indicates he has been arrested in 
1956 for "failure to provide" and in 1963 for "assault with a 
deadly weapon." There is a record of conviction on the latter 
•charge. 

As Connie Charles Lynch he was arrested at San Ber- 
nardino, California on February 22, 1963, as the result of a 
fight at a local drive-in restaurant. The fight started when 

74 



REPORT OF FLORIDA LEGISLATIVE INVESTIGATION COMMITTEE 



Lynch and other members of the NSRP began to yell "Kill 
the Jews" and similar slogans. Lynch and his companions 
were wearing uniforms of the storm trooper variety. 

Lynch identifies himself as a minister of the Church of 
Jesus Christ Christian. An organization by this name, which 
indicates on its Ministerial Certificates that it is incorporated 
under the laws of California, is headed by Dr. Wesley A. 
Swift, whose title is President. Wesley Swift was identified 
in the 1963 report of the Senate Fact Finding Subcommittee 
on Un-American Activities of the California Legislature as 
participant in a February 8, 1963, meeting of the National 
States Rights Party held in Los Angeles. The report describes 
Swift's participation in these words : 

"Wesley Swift was the first speaker, and declared that his 
organization (The NSRP) paid no attention to laws; that 
it would decide which meetings would be broken up, and 
that no one could ever break up a National States Rights 
meeting." 

Conrad Lynch attended this meeting and was identified as 
State Organizer for California for the NSRP. 

Lynch holds a current Florida Driver's License (D-422420) , 
issued to him at 107 East First Street, Jacksonville. The 
description furnished for this license is that of a white male, 
5' 6V2", 150 lbs., grey eyes and brown hair. 

Lynch has been working closely with Halstead Manucey 
and J. B. Stoner in St. Augustine and has addressed a series 
of Klan meetings. He is accomplished at whipping a crowd 
into a riotous condition, as evidenced by his St. Augustine 
Slave Market appearances. His current visit to Florida is not 
his first, as he has made talks, nominally under NSRP spon- 
sorship, in several areas of the state, and was featured speaker 
for a series of 1963 Klan rallies in Jacksonville. 

Although in recent issues of The Thunderbolt, the NSRP 
has warned its members and sought to disassociate itself 
from such arms-bearing groups as the Minute Men, it issued 
a "States Rights Manifesto" in 1958, recommending that its 
supporters "arm themselves so that they will be able to de- 

75 



REPORT OF FLORIDA LEGISLATIVE INVESTIGATION COMMITTEE 

fend their families, homes and rights from political despots 
who are inciting violence on our once peaceful communities." 
The National States Rights Party apparently believes it 
can muster the support of at least 7,500 Florida voters spread 
through at least thirty-four counties, as provided by law. 
Such a showing would far exceed the membership of NSRP 
in Florida, and means many who now are unfamiliar with 
the organization must lend it support. 



76 



Budget 

January, 1964 



The Committee, prior to staffing, contemplated several pro- 
posed budgets, but, because of the uncertainties of staffing 
and program, did not adopt a specific plan for expenditure 
of appropriated funds. 

The staff reviewed and made limited analysis of the ex- 
penditures and proposals of the predecessor to this Commit- 
tee, and estimated as far as possible those expenses incident 
to the program proposals developed for the eighteen-month 
period January 1, 1964, through June 30, 1965. 

The budget adopted is the result of these efforts. We be- 
lieve it to be realistic, that we can live within its bounds, 
and that there is a good likelihood that some funds will 
remain at the end of the biennium that will not have been ex- 
pended if prudent management and careful control are our 
standards. The budget anticipates total expenditures of $122,- 
000. We are entering the New Year with just over $124,000 
remaining of the original $155,000 appropriation. This pro- 
vides a $2,000 contingency for unforeseen needs. 

1964-65 Budget 

STAFF SALARIES $ 48,450 

Anticipates staff as now constituted, with 
salaries of Director and Chief Investigator at 
agreed upon rates, with provision for approxi- 
mately 6.4% increase for secretarial staff ef- 
fective July, 1964. 

CONTRACTURAL SERVICES 16,000 



Provides for retention of part-time investi- 
gative personnel as necessary, for court re- 
porting of Committee hearings, and for secre- 
tarial or other necessary services to meet 
special needs of the Committee. 

77 



REPORT OF FLORIDA LEGISLATIVE INVESTIGATION COMMITTEE 



STAFF TRAVEL 

Anticipates travel of Director and Chief In- 
vestigator, of additional investigative person- 
nel, special witnesses, and others traveling at 
the behest of the Committee. 

COMMITTEE TRAVEL 

Predicated on the likelihood of fourteen Com- 
mittee meetings and/or hearings during the 
eighteen-month period (the Legislature will 
be in session during two of these months, 
and a meeting in the month following the ses- 
sion is unlikely), for which transportation 
and per diem will be paid. 

LEGAL FEE FUND 

Although the consulting and advisory serv- 
ices of counsel are being contributed, any liti- 
gation will entail cost, and prudence dictates 
provision for such an eventuality. 

PRINTING— PUBLICATIONS __ 

The preparation and distribution of reports, 
hearings, and other related publications will 
enhance the usefulness of the Committee to 
the people of Florida and others interested in 
the subjects with which we deal. 

COMMUNICATIONS 

Anticipated to cover telephone, telegraph and 
basic postage costs for the eighteen months. 

OFFICE SUPPLIES 

Anticipates standard operating costs of the 
office, and the provision of such additional 
equipment as is necessary to modernize and 
make fully secure the files of the Committee. 

UTILITIES AND JANITOR SERVICE 

To meet the costs of electricity, gas (for 
heating), water, and a $50 monthly contract- 
service Janitor fee. 

CONTINGENCY 



15,000 



Financial Report 



12,000 



10,000 



APPROPRIATION 

EXPENDITURES 

Staff Salaries 

Contractual Services - 
Staff & Other Travel 
Committee Travel — 



$155,000.00 



9.000 



Printing — Publications 

Communications 

Office Expenses 

Utilities & Janitor 

Expenditures 
7/1/63 - 5/12/65 _ 

BALANCE OF APPROPRIATION 



$43,466.43 

_ 18,531.84 

10,333.65 

8,810.54 

894.20 

3,694.60 

_ 5,427.46 

831.76 



91,990.48 
$ 63,009.52 



7,000 



2,570 



1,980 



2,000 



TOTAL $124,000 



78 



>». 



79